Judge Andrew A. Bain
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Case Law, Other Specified Document
- At Least 72 Hours Before Evidentiary Proceeding
Courtesy copies
Hearing Notice
Joint Pretrial Statement
- Email • With Joint Pretrial Statement
Adjournments
- A continuance request must be submitted at least five days before the scheduled court date.
Communication
Chambers, Duty Judge, Clerk
Phone
Clerk
Phone
Court-wideClerk
Phone
Court-wideClerk
Phone
Court-wideChambers
Document Format Requirements9 rules
Hearing materials for Judge Bain must be submitted by email or on a USB flash drive or jump drive.
All hearing materials to be reviewed by Judge Andrew A. Bain must be submitted email or on USB flash/jump drive.
All proposed orders must be submitted in WORD format.
DOCX
Courtesy copies of case law and other specified documents must be provided in PDF/A or Word format.
Format: PDF/a format or Word document.
Proposed orders, final judgments, and supporting affidavits must be emailed to the Court in Word format.
Send proposed orders, final judgements, and supporting affidavits to the Court in Word format on an email.
DOCX
Exhibits must also be submitted to the Clerk of Court in paper format.
Exhibits must be submitted to the clerk of court in paper format.
Paper
Attorneys and self-represented litigants must bring enough copies of each exhibit for the Clerk, Court, and every party.
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 trial.
Before the hearing or trial, the parties must use Clerk-provided tags to mark exhibits alphabetically, and every exhibit page must be Bates stamped.
Prior to the day of hearing or trial, all exhibits must be marked for identification by the parties with tags provided by the Clerk of Court. Exhibits are marked for identification alphabetically (“Ex. A”, “Ex. B”, “Ex. C”, etc.), and each page of the exhibit shall be Bates stamped.
The copy of the jury instructions and verdict forms provided to the court must be in Microsoft Word, use Times New Roman 14-point font, and be double-spaced.
provide a Copy in MS Word (in Times New Roman font – 14 pt. double spaced) - to the Court via email to 20Bosceola@ninthcircuit.org
DOCX
After an exhibit is admitted, the Clerk must mark it numerically as an evidentiary exhibit.
Once admitted into evidence, exhibits are marked numerically by the clerk (“Plaintiff’s Ex. 1”, “Plaintiff’s Ex. 2”, “Plaintiff’s Ex. 3”, etc.).
Document Filing Requirements35 rules
Proposed orders must include the referenced service-related language.
Please ensure your proposed orders include this language.
Document Type
Proposed Order
A pro se motion must include a proper caption and case number, along with the other listed identifying and contact information.
Make sure the Motion has a proper caption, case number, date, your mailing address, phone number, email address, printed name and signature.
Document Type
Motion
The emailed hearing request to the Judicial Assistant must include the date and time of the meet-and-confer conference.
The emailed hearing request to the JA must include all of the following: i. Date and time of the “meet and confer” conference
Document Type
Hearing Request
Counsel with settlement authority must confer before scheduling the hearing and include a Certificate of Compliance in the Notice of Hearing filed with the Court.
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 Compliance in the Notice of Hearing filed with the Court.
Document Type
Notice Of Hearing
A discovery motion must identify the disputed requests or objections, explain why they are improper, and attach the relevant discovery materials.
Discovery motions must identify the specific requests and objections that are in dispute, explain why the movant believes those requests or objections are improper, and attach the requests, responses, or objections at issue.
Document Type
Discovery Motion
A discovery hearing may not be set unless a motion addresses the specific requests and objections at issue.
Hearings shall not be set on discovery objections without a motion addressing the specific requests and objections at issue as set forth below.
Document Type
Discovery Motion
The proposed order must be accompanied by a cover letter, and both documents must be sent contemporaneously to every other party.
The proposed order shall also be accompanied by a cover letter, and both the letter and order shall be contemporaneously sent to all other parties.
Document Type
Cover Letter
The proposed order may only compel a discovery response within 10 days, must be accompanied by a cover letter, and must be sent contemporaneously with the letter to all other parties.
The proposed order shall only compel a response within 10 days and shall not grant any other form of relief. The proposed order shall also be accompanied by a cover letter, and both the letter and order shall be contemporaneously sent to all other parties.
Document Type
Proposed Order
Every discovery motion must certify a good-faith attempt to resolve the dispute without court action and comply with the applicable rules and administrative orders.
All discovery motions must comply with the Florida Rules of Civil Procedure and Administrative Orders governing this division, including, but not limited to, the requirement of certifying a good faith attempt to resolve the matter without court action.
Document Type
Discovery Motion
A motion in limine may not be scheduled unless its hearing notice certifies a good-faith attempt to resolve each point without court action and identifies the disputed points.
The Motion in Limine may not be scheduled for a hearing unless the hearing notice contains a certification of a good faith attempt to resolve the matter without court action as to each point. The hearing notice must identify the specific points in dispute.
Document Type
Hearing Notice
A notice of hearing for a remote appearance must include the judicial Webex credentials.
A notice of hearing involving any remote appearance must list the judicial Webex credentials.
Document Type
Notice Of Hearing
Every notice of hearing must include a substantially compliant good-faith certification, or the hearing will be cancelled.
All Notices of Hearing must contain a good faith certification in substantial compliance with the following or the hearing shall be cancelled:
Document Type
Notice Of Hearing
Every notice of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.
All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540 found below.
Document Type
Notice Of Hearing
The proposed order and certificate of service must identify each recipient of the pleadings by name, address, telephone number, and e-mail address.
The body of the proposed order and certificate of service must include the name, address, telephone number and e-mail address of the party to whom the pleadings will be sent.
Document Type
Proposed Order
Before filing a discovery motion for attorney fees, counsel must confer in good faith and file a certification that the parties conferred but could not resolve the dispute.
If you are seeking attorney fees you must, 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, confer with counsel for the opposing party in a good-faith effort to resolve by agreement the issues raised, and shall file with the court at the time of filing of the motion a statement certifying that he/she has conferred with opposing counsel and that counsel have been unable to resolve the dispute.
Document Type
Discovery Motion
A proposed order must be drafted.
Draft a proposed Order.
Document Type
Proposed Order
A proposed order must contain the specified Certificate of Service language and, when necessary, a certificate of service filed within three business days.
Please ensure any proposed orders submitted to the Court contain the following language in the Certificate of Service section: CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court by using the Florida Courts E-Filing Portal System. Accordingly, a copy of the foregoing is being served on this day to all attorney(s)/interested parties identified on the ePortal Electronic Service List, via transmission of Notices of Electronic Filing generated by the ePortal System. Movant is responsible for serving any party not participating in electronic filing and then filing a certificate of service within three (3) business days of this Order.
Document Type
Proposed Order
Required supporting documentation or affidavits that are not docketed with the Clerk must be attached to the proposed order.
In submitting Proposed Orders, please attach a courtesy copy of the motion, if applicable, and any required supporting documentation or affidavits if NOT docketed with the Clerk.
Document Type
Proposed Order
Supporting documents such as an original will, codicil, or self-proving affidavit must be delivered to the Clerk.
Supporting documents must be delivered to the clerk, i.e. original will, codicil, self-proving affidavits, etc.
Document Type
Supporting Documentation
A courtesy copy of case law must include a table of authority.
Courtesy copies of case law must include a table of authority.
Document Type
Case Law
A request for an emergency hearing must be made by a detailed motion stating the issues, reasons for emergency treatment, and time needed for each party’s presentation.
If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.
Document Type
Emergency Hearing Motion
The Joint Pretrial Statement must address trial statements, admitted facts, factual and legal issues, witnesses, exhibits and objections, evidentiary stipulations, peremptory challenges, jury-panel needs, trial duration, damages, lead counsel, pending motions, and requested judicial notice.
The Joint Pretrial Statement must contain the following: 1. A statement of the case to be read to the jury at the beginning of voir dire. 2. A statement of admitted facts that may be read at trial as a stipulation of counsel. 3. A statement of the issues of fact to be tried. 4. A statement of the unresolved issues of law, procedure or evidence. 5. Each party’s witness list. 6. Each party’s schedule of exhibits with objections. 7. Any stipulation on evidentiary matters specifying the applicable matters to which such stipulation applies, e.g., authenticity, hearsay exceptions, etc. 8. The number of peremptory challenges available to each party. 9. An estimate of the number of jurors requested for the venire panel and a statement regarding the necessity of any jury panel in excess ===== PAGE 16 ===== of 22 venirepersons. 10. A current estimate of the number of days (to include voir dire) required for trial. 11. The specific category of damages, including attorneys’ fees, claimed by each party and, when possible, the amount of such damages sought by each party. 12. A designation of Lead Trial Counsel. No change of Lead Trial Counsel may be made without leave of the Court if such change would disrupt the trial schedule. 13. A list of all pending motions and date filed. Motions not timely heard in accordance with the dates set forth herein are subject to summary denial. 14. A list identifying, with specificity, any matters of which the parties will ask the Court to take Judicial Notice under sections 90.201 and 90.202, Florida Statutes, and any objections or agreement thereto.
Document Type
Joint Pretrial Statement
For a non-jury trial in Division 24-B, a Notice for Trial stating that the case is at issue must include the estimated trial time needed by all sides.
In Division 24-B, for a non-jury trial, file a Notice for Trial (i.e. that the case is at issue) with the estimated time needed by all sides.
Document Type
Notice For Trial
For a jury trial in Division 78, a Notice for Trial must be filed before the Judicial Assistant schedules a Case Management Conference hearing or the court issues a Uniform Jury Trial Order.
For a jury trial in Division 78, file a Notice for Trial and Judicial Assistant will schedule a Case Management Conference Hearing or the Court will issue a Uniform Jury Trial Order.
Document Type
Notice For Trial
A movant must place a certificate of conferral at the end of the motion and above the signature block.
At the end of the motion and above the signature block, the movant must include a certificate of conferral in substantially the following form:
Document Type
Motion
Failure to comply with the AI disclosure and citation-verification requirements may result in contempt, striking pleadings, dismissal, or other sanctions.
Failure to comply may result in sanctions against the party including contempt, the striking of pleadings, and dismissal.
Document Type
Complaint Answer Motion Brief Or Other Paper
A party using generative AI to prepare a complaint, answer, motion, brief, or other paper assigned to Judge Bain or Division 24-B must disclose the use, identify whether the AI was closed or open, and certify independent verification of every legal and record citation.
However, if any party ===== PAGE 18 ===== or self-represented party has used AI in the preparation of any complaint, answer, motion, brief, or other paper filed with the Court, and assigned to Judge Bain or Division 24-B, the party MUST, in a clear and plain factual statement, disclose that regenerative AI has been used in the filing, state whether the AI used was close or open, and CERTIFY, that each and every citation to the law or the record in the paper, has been independently verified as accurate.
Document Type
Complaint Answer Motion Brief Or Other Paper
Stipulations, admissions, and waivers of custodians must be in writing when court enforcement is sought.
10. Stipulations – Admissions – Waivers of Custodians: Must be in writing if seeking Court enforcement
Document Type
Stipulations Admissions Waivers Of Custodians
All exhibits and demonstrative aids must be exchanged, initialed by counsel, tagged and marked for identification, with any objections noted separately.
9. Exhibits and Demonstrative Aids: Per the Uniform Order Setting Case for Trial, all exhibits and demonstrative aids (including Power Point Presentations) must be exchanged, initialed by counsel for all parties, and tagged and marked for identification. Any objections must be separately noted.
Document Type
Exhibits And Demonstrative Aids
Jury instructions and verdict forms must be submitted to the judge at the pre-trial conference, with originals filed with the clerk and a Microsoft Word copy emailed to the court.
• Submitted to the Judge at the Pre-Trial Conference. File originals with the Clerk and provide a Copy in MS Word (in Times New Roman font – 14 pt. double spaced) - to the Court via email to 20Bosceola@ninthcircuit.org
Document Type
Jury Instructions And Verdict Forms
After the motion and supporting materials are docketed by the clerk, a party seeking default judgment may submit a proposed final judgment to the division email address.
The party seeking entry of judgment may file a motion for default final judgment and submit a proposed final judgment (after the motion and any supporting materials have been docketed by the Clerk) to the division email 24osceola@ninthcircuit.org.
Document Type
Default Final Judgment
A request for a case management or status conference must state why the conference is necessary.
Any request for a CMC or status conference must articulate the reasons for the necessity of the conference.
Document Type
Conference Request
When the parties cannot agree on the Joint Pretrial Statement, their differing views should be included in a single joint filing.
If the Parties are unable to agree on the contents of the Joint Pretrial Statement, the differing views should be set forth within a single Joint Pretrial Statement.
Document Type
Joint Pretrial Statement
When written client consent is attached, a copy of the motion and a proposed order may be submitted to chambers.
If you have written client consent (attached to the motion) you may submit a copy of the motion along with a proposed order to chambers.
Document Type
Motion To Withdraw
An agreed order should be marked as “Agreed.”
Agreed orders should indicate “Agreed.”
Document Type
Agreed Order
Filing & Service rules
Electronic Filing Rules
A pro se motion may be mailed, filed, or e-filed with the Clerk of Court, but may not be faxed to the Clerk.
Pro Se Litigants: Written requests for relief or judicial action, known as a Motion, must be mailed to or filed or e-filed with Clerk of Court. Do not fax to Clerk.
Page 3 | Scheduling Procedures
A copy of each verified motion for rehearing, reconsideration, or new trial must be emailed to 24osceola@ninthcircuit.org when the motion is filed.
A copy of all verified motions for rehearing, reconsideration, or new trial must be delivered to 24osceola@ninthcircuit.org at the time of filing for review by the Court.
Page 9 | Other Division Procedures
Proposed orders in probate, guardianship, and mental health cases must be filed through the Florida Courts E-Filing Portal.
Proposed orders for filing in probate, guardianship, and mental health cases must be filed through the Florida Courts E-Filing Portal.
Page 13 | Submission of Orders and Judgments
Proposed orders required after a hearing must be submitted by email to the division email address.
All proposed orders for civil and other orders required to be submitted after a hearing must be e-mailed to the division e-mail, 24osceola@ninthcircuit.org.
Page 13 | Submission of Orders and Judgments
All evidentiary exhibits must be submitted electronically by division email or on a USB drive.
Submit all exhibits electronically by e-mail to the division e-mail account or on a USB drive.
Page 14 | Exhibits for Evidentiary Proceedings
After an unanswered motion to compel has remained pending for 10 days, the movant may email the motion and a proposed order to the court email address.
If no timely response or objection to discovery requests has been served or filed and the lack of response continues for 10 days after the filing of a motion to compel, the moving party may send the motion to compel with a proposed order to 24osceola@ninthcircuit.org.
Page 6 | Discovery Motions
The Clerk must review proposed probate, guardianship, and mental health orders for compliance and submit them with supporting documentation to the Court.
The Clerk’s office will submit proposed probate, guardianship, and mental health orders along with any supporting documentation to the Court for approval after that office has reviewed the file for compliance purposes.
Page 13 | Submission of Orders and Judgments
Self-represented litigants are encouraged to use the Florida Courts E-Filing Portal.
Self-Represented Litigants are encouraged to sign up and utilize Florida Courts E-Filing ===== PAGE 2 ===== Portal.
Page 1 | Introduction
Motions to cancel or reset foreclosure sales may be emailed to Chambers for a ruling on the papers, but must be set for hearing if the Court so directs.
Motions to cancel or to reset foreclosure sales may be sent to Chambers via email for ruling on the papers. If the Court determines that a hearing on the motion is required, the Court will direct the movant to schedule a hearing.
Page 5 | Foreclosure Cases
Pleadings may be filed by mail through the Clerk’s Office.
Filing of Pleadings: Mail to Clerk’s Office.
Page 18 | Other Division Procedures
Parties may electronically file Circuit Civil pleadings through the county civil electronic filing system.
Electronic Filing: Circuit Civil is part of the Electronic filing system used in Couty Civil. You can electronically file Circuit Civil pleadings.
Page 18 | Other Division Procedures
Filing Timing and Cure Windows
A motion must be filed before a hearing can be scheduled.
A Motion must be filed before setting a hearing.
Page 5 | Scheduling Procedures
For summary-judgment motions filed on or after January 1, 2025, the opposition must be served within 40 days after service of the motion.
Responses in opposition to summary judgment must be served within 40 days after service of the Motion.
Page 7 | Motions for Summary Judgment filed January 1, 2025 and after
For summary-judgment motions filed before January 1, 2025, the nonmovant must serve a response with its supporting factual position at least 20 days before the hearing.
At least 20 days before the time fixed for the hearing, the nonmovant must serve a response that includes the nonmovant's supporting factual position.
Page 7 | Motions for Summary Judgment filed before January 1, 2025
For summary-judgment motions filed before January 1, 2025, the movant must serve the motion at least 40 days before the hearing.
The movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing.
Page 7 | Motions for Summary Judgment filed before January 1, 2025
A party seeking default final judgment must move and submit the proposed final judgment order within 30 days after entry of the default.
The person seeking a default file judgment must move and submit the order for final default judgment within 30 days of the default being entered.
Page 7 | Default Final Judgments
Summary-judgment motions filed on or after January 1, 2025 must comply with the Uniform Trial and Case Management Order and be filed at least 50 days before the hearing.
Motions for Summary Judgment filed January 1, 2025 and after must be filed incompliance with the Uniform Trial and Case Management Order and at least 50 days before the time fixed for hearing.
Page 7 | Motions for Summary Judgment filed January 1, 2025 and after
If the meet-and-confer resolves any points, the movant must prepare and file a signed stipulation identifying the agreed points within seven days, and an agreed order may be submitted for rendition.
The moving party shall prepare and file a stipulation signed by the movant and opposing party indicating in writing which of the points in the Motion in Limine are agreed to by the opposing party. The stipulation shall be filed within seven (7) days of the meet and confer, and an agreed order may be submitted for rendition.
Page 8 | Motions in Limine
After an unsuccessful meet-and-confer, the movant must file a memorandum of law within seven days describing the requested evidentiary ruling, argument, and supporting authority.
Within seven (7) days of any unsuccessful meet-and-confer, the movant must file a memorandum of law specifically describing the basis for the requested evidentiary ruling with argument and supporting authority.
Page 8 | Motions in Limine
The opposing party must file an opposition memorandum at least five business days before the scheduled motion-in-limine hearing.
At least five (5) business days before the scheduled hearing on any Motion in Limine, the opposing party must file a memorandum in opposition specifically describing the basis for the opposition with argument and supporting authority.
Page 8 | Motions in Limine
A notice of hearing must be filed and served immediately after hearing time is reserved.
A notice of hearing must be filed and served immediately after reserving hearing time.
Page 9 | Notice of Hearing
All hearing materials must be provided 72 hours before the scheduled hearing.
All materials SHALL be provided 72 hours prior to the scheduled hearing.
Page 10 | Submission Deadlines
The movant must serve any party not participating in electronic filing and file the certificate of service within three business days.
Movant is responsible for serving any party not participating in electronic filing and then filing a certificate of service within three (3) business days of this Order.
Page 13 | Submission of Orders and Judgments
A proposed order must be submitted within 10 days after the hearing.
Proposed orders must be submitted within 10 days after any hearing.
Page 13 | Submission of Orders and Judgments
Unless the Court orders otherwise, all exhibits must be received in Chambers and served on the opposing party five days before the evidentiary proceeding.
All exhibits must be received in chambers and served on the opposing party five days before the evidentiary proceeding unless ordered differently by the Court.
Page 14 | Exhibits for Evidentiary Proceedings
The emergency motion must be delivered to the Court before the Court will set an emergency hearing.
The motion must be delivered to the Court before a hearing will be set.
Page 14 | Emergency and Other Urgent Matters
The Joint Pretrial Statement must be filed no later than five days before the Pretrial Conference.
Parties must confer on and fill out the Pretrial Conference Checklist the email it to 24osceola@ninthcircuit.org in addition to filing a Joint Pretrial Statement addressing the matters described below, no later than 5 days prior to the Pretrial Conference, with a courtesy copy sent to the division email.
Page 15 | Pretrial Procedures and Conferences
A completed Pretrial Check List and Order Controlling Trial must be provided no later than three business days before the scheduled pretrial conference.
Parties shall provide a completed copy of the Pretrial Check List and Order Controlling Trial (available on the Ninth Circuit Website ) no later than three (3) business days prior to the scheduled pretrial to the
Page 16 | Setting Case for Trial
Deposition counter-designations and objections must be disclosed in writing 20 days before the pretrial conference.
20 days before the Pre-Trial Conference (counter-designations)
Page 20 | PRE-TRIAL CHECKLIST
Motions in limine must be scheduled and heard no later than one week before the trial period begins.
Must be scheduled and heard no later than one week prior to the beginning of the trial period.
Page 20 | PRE-TRIAL CHECKLIST
Deposition designations must be disclosed in writing 30 days before the pretrial conference.
30 days before the Pre-Trial Conference (designations)
Page 20 | PRE-TRIAL CHECKLIST
Jury instructions and verdict forms must be exchanged no later than 10 days before the pre-trial conference.
Jury Instructions and Verdict Forms – • Exchanged no later than 10 days prior to the Pre-Trial Conference
Page 21 | Setting Case for Trial
The Clerk’s stated policy is to display newly filed matters in Benchmark within 72 business hours, although actual processing may take longer.
If you file something today Clerk’s policy to have it displayed in Benchmark in 72 business hours. The reality is that it may be much longer.
Page 18 | Other Division Procedures
Service and Proof of Service Rules
A movant must serve or provide documents to parties not participating in electronic filing and file a Certificate of Service within three business days after the Order.
Movant is responsible for serving or providing documents to any party not participating in electronic filing and then filing a Certificate of Service within three (3) business days of the Order.
Page 2 | Introduction
For an ex parte hearing, the moving party must give the opposing side reasonable written notice, file the Notice of Hearing with the Clerk, and serve a copy on the opposing side.
Give opposing side reasonable written notice of hearing. File Notice of Hearing with Clerk and serve a copy on opposing side.
Page 3 | Scheduling Procedures
The cover letter and proposed order must be sent contemporaneously to all other parties.
The proposed order shall also be accompanied by a cover letter, and both the letter and order shall be contemporaneously sent to all other parties.
Page 6 | Discovery Motions
The notice of hearing must be served after hearing time is reserved.
A notice of hearing must be filed and served immediately after reserving hearing time.
Page 9 | Notice of Hearing
Addressed, stamped envelopes must be provided for every party who will not receive service through the ePortal.
Addressed, stamped envelopes must be provided for all parties not receiving service through the ePortal.
Page 10 | Motions to Withdraw as Counsel
Copies are served on attorneys and interested parties on the electronic service list through Notices of Electronic Filing, while the movant must serve any party not participating electronically and file the certificate within three business days.
Accordingly, a copy of the foregoing is being served on this day to all attorney(s)/interested parties identified on the ePortal Electronic Service List, via transmission of Notices of Electronic Filing generated by the ePortal System. Movant is responsible for serving any party not participating in electronic filing and then filing a certificate of service within three (3) business days of this Order.
Page 13 | Submission of Orders and Judgments
Unless the Court orders otherwise, all exhibits must be served on the opposing party five days before the evidentiary proceeding.
All exhibits must be received in chambers and served on the opposing party five days before the evidentiary proceeding unless ordered differently by the Court.
Page 14 | Exhibits for Evidentiary Proceedings
The parties must complete and email the Pretrial Conference Checklist and file a Joint Pretrial Statement no later than five days before the conference, with a courtesy copy sent to the division email.
Parties must confer on and fill out the Pretrial Conference Checklist the email it to 24osceola@ninthcircuit.org in addition to filing a Joint Pretrial Statement addressing the matters described below, no later than 5 days prior to the Pretrial Conference, with a courtesy copy sent to the division email.
Page 15 | Pretrial Procedures and Conferences
A party filing a Notice for Trial must send a copy to the Judicial Assistant for service on the Court.
Parties filing a Notice for Trial MUST serve a copy on the Court by sending it to the Judicial Assistant.
Page 16 | Setting Case for Trial
The court serves parties and counsel of record through the Florida Courts E-Filing Portal.
The Court serves parties/counsel of record via Florida Courts E-Filing Portal.
Page 2 | Introduction
Courtesy Copy Requirements
For short matters, counsel must submit proposed orders to the division email before the hearing and send a courtesy copy of the Notice of Hearing to the court.
Counsel shall proposed Orders submit to the division email prior to the hearing. Must send a courtesy copy of the Notice of Hearing to the court.
Page 3 | Scheduling Procedures
The moving party must send a courtesy copy of the Notice of Hearing to the court for a virtual ex parte hearing.
These hearings will be conducted virtually on Webex. The moving party MUST send a courtesy copy of the Notice of Hearing to the court.
Page 3 | Scheduling Procedures
When applicable law requires a jury trial on damages, a trial notice must be filed, a courtesy copy must be emailed to chambers, and the case will be placed on the jury trial docket.
If applicable law requires a jury trial on damages, a notice for trial must be filed and provide a courtesy copy to chambers via the division email. The case will be placed on a jury trial docket.
Page 7 | Default Final Judgments
When applicable law requires a non-jury trial or final evidentiary hearing on damages, the party seeking judgment must file a trial notice and provide chambers a courtesy copy by division email.
If applicable law requires a non-jury trial or final evidentiary hearing on damages, the party seeking entry of judgment shall file a notice for trial and provide a courtesy copy to chambers via the division email, and:
Page 7 | Default Final Judgments
A copy of the motion-in-limine hearing notice must be emailed to chambers at 24osceola@ninthcircuit.org.
A copy of the hearing notice must be provided to chambers by email to 24osceola@ninthcircuit.org.
Page 8 | Motions in Limine
Courtesy copies of case law and other specified documents must be submitted for every evidentiary proceeding.
Courtesy copies of case law or other specified document must be submitted to the court for any evidentiary proceeding.
Page 13 | Courtesy Copies of Case Law and Other Documents
Courtesy copies of case law and other specified documents must reach the Court no later than 72 hours before the evidentiary proceeding.
Courtesy copies must be delivered to the court no later than 72 hours before any evidentiary proceeding.
Page 14 | Courtesy Copies of Case Law and Other Documents
A proposed order should include a courtesy copy of the applicable motion and any supporting documents or affidavits not already docketed with the Clerk.
In submitting Proposed Orders, please attach a courtesy copy of the motion, if applicable, and any required supporting documentation or affidavits if NOT docketed with the Clerk.
Page 13 | Submission of Orders and Judgments
Courtesy copies of case law and other specified documents may be submitted by email or on a USB flash drive.
Submission Method: E-mail, or USB flash drive.
Page 14 | Courtesy Copies of Case Law and Other Documents
A courtesy copy of the Joint Pretrial Statement must be sent to the division email when the statement is filed.
Parties must confer on and fill out the Pretrial Conference Checklist the email it to 24osceola@ninthcircuit.org in addition to filing a Joint Pretrial Statement addressing the matters described below, no later than 5 days prior to the Pretrial Conference, with a courtesy copy sent to the division email.
Page 15 | Pretrial Procedures and Conferences
A motion filed within two court days of its hearing should be accompanied by a courtesy copy emailed or hand-delivered to the court.
If the pleading is filed within 2 Court days of the scheduled hearing, a copy of Motion should be emailed or hand delivered to the Court.
Page 18 | Other Division Procedures
Trial briefs are optional, but any submitted trial brief should be provided as a hard copy to Chambers at least five working days before trial.
11. Trial Briefs: Not required, but if you choose to submit them, please provide hard copies to Chambers (6460) at least five (5) working days prior to trial to allow adequate time for review
Page 21 | Setting Case for Trial
Filing Bundling Requirements
Counsel handling high-volume timeshare foreclosure cases are encouraged to bundle ready summary-judgment and default-final-judgment motions into one hearing block.
In timeshare foreclosure cases, counsel who handle a high volume of cases are encouraged to schedule as many motions for summary judgment and motions for default final judgment as are ready for hearing during a single block of hearing time.
Page 5 | Foreclosure Cases
Pre-Motion Conference Requirements
Counsel must meet and confer on every point in a motion in limine before the motion can be scheduled for hearing.
Before setting any Motion in Limine for hearing, counsel must meet and confer in person or by telephone or communication technology on every point raised in the Motion in Limine.
Page 8 | Motions in Limine
Attorneys must confer with opposing parties before filing motions as required by Florida Rule of Civil Procedure 1.202.
Conferral Prior to Filing Motions: Attorneys must comply with Fla. R. Civ. P. 1.202.
Page 17 | Other Division Procedures
Adjournment & Extension Requirements
Outstanding discovery is not good cause for a continuance if the party failed to timely present the discovery dispute to the Court.
Outstanding discovery does not constitute good cause for a continuance when a party has failed to bring a discovery dispute to the Court’s attention in a timely manner.
Page 6 | Discovery Motions
A continuance request must be submitted at least five days before the scheduled court date.
A request for continuance must be submitted at least five days prior to the scheduled court date.
Page 10 | Continuance Procedure
Continuances are disfavored and will be granted only when good cause is shown.
Continuances are disfavored and will be granted only upon good cause shown.
Page 10 | Continuance Procedure
Unless good cause is shown, the requesting party must sign the continuance motion.
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 10 | Continuance Procedure
Chambers Communication Rules
All communications to the judicial office must be sent by email to 24osceola@ninthcircuit.org.
Method of Communication: All communications to the judicial office must be submitted by e-mail to 24osceola@ninthcircuit.org.
Page 2 | Communications with the Judicial Office
A hearing request must be emailed to the Judicial Assistant with a copy to all counsel and pro se litigants so the hearing can be added to the docket.
Email the Judicial Assistant at 24osceola@ninthcircuit.org, with a copy to all counsel/ProSe litigants, for the hearing to be added to the docket.
Page 4 | Scheduling Hearings
A hearing request longer than one hour requires Judge Bain's approval through an ex parte appearance or a letter explaining the excessive requested time; the letter may be emailed to 24osceola@ninthcircuit.org.
Any hearing requests for longer than 1 hour must be approved by Judge Bain either by appearing during ex parte or by letter to the Judge detailing the reasons for the excessive time. The letter may be emailed to 24osceola@ninthcircuit.org.
Page 4 | Scheduling Hearings
Requests for hearings longer than 15 minutes must include an explanation emailed to the Judicial Assistant.
If you need more than 15 minutes for a hearing you must explain in your email to the Judicial Assistant.
Page 5 | Scheduling Procedures
Litigants should use the Osceola Clerk online docket system rather than calling the Judicial Assistant for docket information.
Please use “osceolaclerk” instead of calling the Judicial Assistant.
Page 18 | Other Division Procedures
To determine whether an order has been entered, check with the Clerk or wait for the mailed copy.
If you want to know if an Order has been entered check with Clerk or wait for mailed copy.
Page 19 | Have A Question About Your Case?