Judge Diego M. Madrigal III
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
Written Response
Memoranda, Case Law, Other Hearing Materials
Court-wide- Before Hearing
Memoranda, Case Law, Other Materials
Court-wide- At Least 5 Court Days Before Scheduled Hearing
Adjournments
- If a party believes the scheduled trial date will not provide enough discovery time, counsel should immediately request a status hearing or case management conference to consider an alternate trial date.
- A trial continuance motion will not be considered without either the client’s signed written consent or a statement of good cause explaining why consent could not be obtained.
- Every continuance motion must state good cause, and a motion based on additional discovery should describe the incomplete discovery supporting the request.
- +2 more
Request must include
Communication
Chambers
Phone
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Phone
Court-wideChambers
Document Format Requirements4 rules
Jury instructions and verdict forms must be submitted in MS Word using Times New Roman 14-point font and double spacing.
Jury Instructions and Verdict Forms - File the originals with the Clerk and provide a copy in MS Word (in Times New Roman font – 14 pt. double spaced) - to the Judge – either via USB flash delivered to the Court or via email to the judicial assistant at 37orange@ninthcircuit.org
DOCX
Exhibits intended for use at an evidentiary hearing or non-jury trial must be sent to Chambers, tagged and marked as required by Section D.7, with each page Bates stamped.
All exhibits upon which a party intends to rely at the evidentiary hearing or non-jury trial shall be sent to Chambers via mail or commercial delivery service for use by the Clerk of Court. The exhibits shall be tagged and marked as required by Section D.7. below, and each page of the exhibits shall be bates stamped.
Electronic proposed orders and cover letters must be Word files whose names include the case number, abbreviated case style, and whether the file is a proposed order or cover letter.
Proposed orders and cover letters submitted electronically to 37orange@ninthcircuit.org must be in Word format. The Word file name must: (a) include the case number [e.g., 20**-CA-*******], (b) abbreviated case style [e.g., Doe v. Jones], and (c) whether the file is a “Proposed Order” or “Cover Letter”.
DOCX
Jury instructions must have a case-style cover page, specified margins, 12-point New Roman font, and single spacing; party names must be completed, Notes for Use deleted, and blanks or bracketed terms completed or deleted.
b. Jury instructions must include a cover page with the case style and be formatted with 1” margins at the top and bottom, and not less than 1.25” margins at the left and right, in 12-Point New Roman font, single-spaced. The parties’ names must be filled in where appropriate. “Notes for Use” must be deleted. Any blanks or bracketed terms contained in the standard jury instructions must be filled in or deleted if inapplicable. Failure to comply with the foregoing results in substantial trial delays.
Document Filing Requirements20 rules
Counsel must complete and sign the pretrial checklist and bring it to the pretrial conference or email it to chambers at least 48 hours beforehand.
This Checklist must be completed by counsel, signed and (i) brought to the Pretrial Conference or (ii) submitted to the Judge in Chambers via email to 37orange@ninthcircuit.org no later than 48 hours prior to the Pretrial Conference.
Document Type
Pretrial Checklist
The deposition submission must include a blank order identifying the designation and objection and leaving space for the court’s ruling.
Please submit the deposition together with a blank Order containing a identifying the designation (page and line), the objection, and leaving a place for the Court to rule.
Document Type
Deposition Submission
Stipulations, admissions, and waivers of custodians must be in writing when court enforcement is sought.
Stipulations – Admissions – Waivers of Custodians: Must be in writing if seeking Court enforcement
Document Type
Stipulation
Every motion must include an accurate meet-and-confer certificate, and omission or inaccuracy may result in sanctions.
All motions must contain an accurate meet and confer certificate. Failure to include an accurate certificate may result in sanctions.
Document Type
Motion
After the judicial assistant confirms a hearing, the moving party must file a Notice of Hearing.
Once the JA confirms the hearing, the moving party shall file a Notice of Hearing.
Document Type
Notice Of Hearing
Parties may not file a Notice of Hearing for a regularly set hearing until the judicial assistant confirms it.
Regularly set hearings must be confirmed by the JA before parties may file a notice of hearing.
Document Type
Notice Of Hearing
A Notice of Hearing used after unilateral hearing setting must state in the Certificate of Compliance that the opposing party refused to coordinate a hearing time.
The notice of hearing must state that the opposing party refused to coordinate a hearing time in the Certificate of Compliance.
Document Type
Notice Of Hearing
Cross-notices and additional motions must follow the stated hearing-coordination and confirmation procedure or they will not be heard.
Cross-notices and any additional motions sought to be heard must follow the same procedure above or those additional motions will not be heard.
Document Type
Cross Notice
An evidentiary-hearing request must identify the request as evidentiary, and the resulting Notice of Hearing must expressly identify the hearing as evidentiary.
For evidentiary hearings, the hearing request must indicate that an evidentiary hearing is being requested, and the notice of hearing must expressly state that the hearing will be evidentiary (e.g., “Notice of Evidentiary Hearing”).
Document Type
Notice Of Hearing
The Notice of Hearing for an evidentiary hearing must identify Hearing Room 1100.01.
The location must be included in the Notice of Hearing.
Document Type
Notice Of Hearing
A Notice of Hearing for a videoconference appearance must expressly identify the hearing as a videoconference hearing and include the required log-in information.
The hearing notice must expressly state that the hearing will be by videoconference and contain the log-in information set forth in this Section.
Document Type
Notice Of Hearing
The proposed order and certificate of service must include the client’s name, address, telephone number, and email address.
The body of the proposed order and the certificate of service must include the name, address, telephone number, and email address of the client.
Document Type
Withdrawal Motion
An emergency-hearing motion must include a detailed explanation of the circumstances constituting the emergency.
The body of the motion must contain a detailed explanation of the circumstances constituting the emergency.
Document Type
Emergency Motion
Proposed orders submitted after a hearing or with unopposed or agreed motions require an e-filed cover letter stating the hearing date and whether all parties agree to the order; the cover letter, but not the proposed order, must be e-filed.
Proposed orders submitted after a hearing or in connection with unopposed or agreed motions must be accompanied by an e-filed cover letter (the cover letter must have the filing stamp across the top) setting forth the date of the hearing, with a copy to all counsel and pro se parties. The cover letter must indicate whether all parties agree to the content of the order. The cover letter but not the proposed order must be e-filed.
Document Type
Cover Letter
When any party does not receive service through the Florida Courts e-Filing Portal, the proposed order must include specified U.S.-mail language directing service within three days and the filing of a certificate of service.
If there are parties not receiving service through the Florida Courts e-Filing Portal, the proposed order must contain the following language: “Counsel for Movant(s) shall serve a copy of this Order via U.S. Mail to all parties not receiving service of court filings through the Florida Courts e-Filing Portal and shall file a Certificate of Service within three (3) days from the date of this Order.”
Document Type
Proposed Order
A proposed order must include a complete certificate of service for all parties served through the Florida Courts e-Filing Portal.
The proposed order must contain a complete certificate of service indicating service to all parties receiving service through the Florida Courts e-Filing Portal.
Document Type
Proposed Order
Three days before the pretrial conference, each party must email a completed and signed Pretrial Check List and Order Controlling Trial to the court.
Three (3) days prior to the pretrial conference, parties shall email to 37orange@ninthcircuit.org a completed and signed “Pretrial Check List and Order Controlling Trial.”
Document Type
Pretrial Checklist
The joint proposed jury instructions must identify which instructions are agreed upon and which instructions, if any, are disputed.
a. Joint Proposed Jury Instructions and Verdict Form must be emailed to the Judicial Assistant at 37orange@ninthcircuit.org in Word format no later than the day before the trial. The parties shall designate which instructions are agreed and which instructions, if any, are in dispute.
Document Type
Jury Instructions
A hearing requested through a Notice of Hearing will not be heard if the judicial assistant did not confirm it.
Hearings set by notice of hearing but not confirmed with the JA will not be heard.
Document Type
Notice Of Hearing
Orders must have captions identifying the subject and ruling of the court, and agreed-order titles must also state the order’s substance.
All orders must describe, in the caption, the subject and ruling of the court, i.e. “Order Granting Plaintiff’s Motion for Partial Summary Judgment on Liability.” See Fla. R. Civ. P. 1.100(c)(1). If “agreed orders” are provided, Page 9 of 15 ===== PAGE 10 ===== the title must indicate the substance of the order in addition to the indication that it is an “agreed order.”
Document Type
Order
Filing & Service rules
Electronic Filing Rules
Attorneys and self-represented litigants must provide an email address for electronic orders unless excused and must update it using Form 2.603 whenever the registered electronic-service email changes.
All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516. It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.
Page 3 | A. COMMUNICATIONS WITH THE JUDICIAL OFFICE
An emergency-hearing motion must be emailed to the Court before the Court will set a hearing.
The motion must be e-mailed to the Court before a hearing will be set.
Page 8 | 6. EMERGENCY HEARINGS
Proposed orders must be submitted electronically by email in Word format to the judicial office.
Proposed orders must be submitted electronically in Word format by email to 37orange@ninthcircuit.org
Page 9 | C. ORDERS AND RULINGS, 1. PROPOSED ORDERS a
A trial brief must be submitted by email at least five business days before trial.
If a trial brief is to be filed with the Court it must be submitted via email to 37orange@ninthcircuit.org no later than five (5) business days before the trial is to commence.
Page 13 | F. TRIALS
A hard copy of any PowerPoint presentation used in opening statements or closing arguments must be filed with the Court.
If a Power Point presentation is to be used in opening statements or closing arguments, a hard copy must be filed with the Court to create an appellate record.
Page 13 | F. TRIALS
Parties must email the joint proposed jury instructions and verdict form to the Judicial Assistant in Word format no later than the day before trial.
a. Joint Proposed Jury Instructions and Verdict Form must be emailed to the Judicial Assistant at 37orange@ninthcircuit.org in Word format no later than the day before the trial.
Page 15 | 10. JURY INSTRUCTIONS
If written client consent is attached, the lawyer may submit the withdrawal motion and a proposed order by email to chambers.
If the client has provided written consent (attached to the motion), the lawyer may submit a copy of the motion along with a proposed order via email to chambers.
Page 8 | 7. MOTIONS TO WITHDRAW AS COUNSEL
Filing Timing and Cure Windows
The completed pretrial checklist must be submitted to chambers no later than 48 hours before the pretrial conference.
This Checklist must be completed by counsel, signed and (i) brought to the Pretrial Conference or (ii) submitted to the Judge in Chambers via email to 37orange@ninthcircuit.org no later than 48 hours prior to the Pretrial Conference.
Page 1 | PRE-TRIAL CHECKLIST and ORDER CONTROLLING TRIAL
Cross-designations of deposition testimony, with page and line citations, are due at least 20 days before the trial period begins.
Cross designations (citing page and line numbers) are due 20 days before the start of the Trial Period.
Page 2 | 9. Deposition Designations, Counter-Designations and Objections
The court must rule on all deposition objections before the trial period begins.
All objections must be ruled on PRIOR TO THE START OF THE TRIAL PERIOD.
Page 2 | 9. Deposition Designations, Counter-Designations and Objections
The party offering deposition testimony must submit deposition designations, with page and line citations, at least 30 days before the trial period begins.
Deposition designations (citing page and line numbers) are due 30 days before the start of the Trial Period by the party offering the testimony.
Page 2 | 9. Deposition Designations, Counter-Designations and Objections
Motions in limine must be scheduled and heard no later than one week before the trial period begins.
Motions in Limine: Filed prior to this pre-trial conference? Yes No - None Must be scheduled and heard no later than one week prior to the beginning of the trial period.
Page 2 | 8. Motions in Limine
Jury instructions and verdict forms must be submitted or received no later than three business days before the first day of trial.
They must be submitted/received no later than 3 business days prior to the first day of trial
Page 3 | PLEASE BE AWARE OF THE FOLLOWING ADDITIONAL REQUIREMENTS
Plaintiffs must file the notice for trial within ten days of the date the case is at issue, as required by the form case management orders.
Plaintiffs are required under the terms of the form case management orders to notice a case for trial within ten (10) days of the date of the case being at issue.
Page 10 | D. PRETRIALS, 1. SETTING CASES FOR TRIAL a
A trial brief is due no later than five business days before the trial commences.
If a trial brief is to be filed with the Court it must be submitted via email to 37orange@ninthcircuit.org no later than five (5) business days before the trial is to commence.
Page 13 | F. TRIALS
If trial briefs are submitted, electronic copies must be provided to Judge Netcher’s Chambers at least five business days before trial.
Trial Briefs: Not required, but if you choose to submit them, please provide electronic copies to Judge Netcher’s Chambers (1745) at least five (5) business days prior to trial to allow adequate time for review.
Page 3 | PLEASE BE AWARE OF THE FOLLOWING ADDITIONAL REQUIREMENTS
After three business days without a response or a refusal to cooperate, the requesting party may unilaterally set a hearing if it gives opposing parties at least two weeks' notice.
Should counsel, their staff, or pro se litigants fail to respond to a request to coordinate hearing time within three (3) business days, or refuse to cooperate in setting a hearing, the requesting party may unilaterally set a hearing giving at least two weeks’ notice of the hearing to opposing parties.
Page 5 | B. MOTIONS
Hearing materials must be emailed to chambers at least five days before the hearing, indexed, and linked in the index; hard copies and external drives are discouraged absent necessity.
Hearing materials shall be emailed to chambers not less than five (5) days prior to the hearing. Hard copies and external drives are discouraged absent necessity. Any hearing materials must be indexed. Please ensure the index contains a hyperlink to the document/exhibit/case indexed.
Page 9 | 9. HEARING MATERIALS
Service and Proof of Service Rules
A PowerPoint or similar presentation must be provided to opposing counsel sufficiently before jury display for objections to be raised and resolved.
Any PowerPoint or similar presentation must be provided to opposing counsel a reasonable time before being displayed to the jury to allow an opportunity for objections to be raised and resolved.
Page 13 | F. TRIALS
Courtesy Copy Requirements
When the Court directs a written response to a motion, the responding party must email a courtesy copy to 37Orange@ninthcircuit.org, preferably as a reply to the original motion submission.
When the Court directs that a written response to a motion be filed, the party filing the response must email a courtesy copy of the response to 37Orange@ninthcircuit.org, preferably as a reply email to the original submission of the motion.
Page 8 | 4. MOTIONS NOT REQUIRING HEARINGS
A party seeking a hearing must email the judicial office one courtesy copy of the motion after completing the meet-and-confer requirement.
After complying with the meet and confer requirement, a party seeking Hearing of a motion must email a courtesy copy of the motion to 37orange@ninthcircuit.org.
Page 4 | B. MOTIONS
Pre-Motion Conference Requirements
Before seeking disposition of a filed motion, counsel with settlement authority must complete a meaningful in-person or telephone conference under Administrative Order 2012-03-01.
Before seeking disposition of a filed motion, the mandatory meet and confer process in Administrative Order 2012-03-01 must be followed. Counsel with full authority to resolve the matter must confer before submitting the motion to the Court to attempt to resolve or otherwise narrow the issues. The conferral must be meaningful and conducted in person or via the telephone.
Page 4 | B. MOTIONS
Failure to comply with the meet-and-confer requirement may result in the court declining to consider the motion.
The failure to comply with the “meet and confer” requirement will result in the Court declining to consider the motion.
Page 4 | B. MOTIONS
Parties must comply with Florida Rule of Civil Procedure 1.202 before filing any motion.
Before even filing a motion, parties must comply with the requirements of Florida Rule of Civil Procedure 1.202.
Page 4 | B. MOTIONS
Adjournment & Extension Requirements
A trial continuance motion will not be considered without either the client’s signed written consent or a statement of good cause explaining why consent could not be obtained.
Motions for continuance of a trial will not be considered unless accompanied by a written consent signed by the client or unless the motion specifically states good cause as to why such a consent could not be obtained.
Page 10 | D. PRETRIALS, 2. CONTINUANCES
Every continuance motion must state good cause, and a motion based on additional discovery should describe the incomplete discovery supporting the request.
Any motion for continuance must specifically set forth good cause justifying the continuance. If additional discovery is required, the motion should specifically describe the incomplete discovery that forms the basis for the continuance.
Page 10 | D. PRETRIALS, 2. CONTINUANCES
If a party believes the scheduled trial date will not provide enough discovery time, counsel should immediately request a status hearing or case management conference to consider an alternate trial date.
If the Court issues a Trial Order pursuant to a notice for trial and either party believes that the trial date will not allow sufficient time to complete discovery, counsel should immediately request a status hearing or case management conference to determine a potential alternate trial date.
Page 10 | D. PRETRIALS, 1. SETTING CASES FOR TRIAL b
A continuance request must be supported by more than a generalized need for additional time or the parties' agreement.
Generalized statements that more time is needed, or mere agreement of the parties, will not support the granting of a continuance.
Page 11 | 3. PRETRIAL CONFERENCES
Motions to continue should be set before the pretrial conference, and the Court may not entertain a continuance motion at the pretrial conference when there was sufficient earlier opportunity to bring the case before the Court.
Motions to continue should be set during Ex Parte and Short Matters before the date of the pretrial conference. The Court may not entertain a motion for continuance at the pretrial conference is there was sufficient opportunity to bring the case before the Court before the date of the pretrial conference.
Page 11 | 3. PRETRIAL CONFERENCES
Chambers Communication Rules
Parties must contact the Ninth Circuit Technology Support department by web or phone before trial to test audio/video equipment.
Contact the Ninth Circuit’s Technology Support department at http://www.ninthcircuit.org/services/technology-support or call 407-836-0522 before the day of trial.
Page 3 | PLEASE BE AWARE OF THE FOLLOWING ADDITIONAL REQUIREMENTS
Every email sent to the judicial office must copy all parties unless law authorizes an ex parte communication.
All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.
Page 3 | A. COMMUNICATIONS WITH THE JUDICIAL OFFICE
All communications to the judicial office must be emailed to 37Orange@ninthcircuit.org with a subject line identifying the matter, case number, and case name.
All communications to the judicial office must be submitted by e-mail to 37Orange@ninthcircuit.org. The subject line must contain the relevant matter, case number, and case name (e.g., 2-Hour Hearing Requested -2024 CA 001234 O – Doe v. Doe.)
Page 3 | A. COMMUNICATIONS WITH THE JUDICIAL OFFICE
Regular non-ex parte and short-matters hearing time must be obtained through the aiCalendar system.
Regular (i.e., non-Ex Parte and Short Matters hearing time) hearing time must be obtained by using the aiCalendar system: https://aicalendar.ocnjcc.net/Calendar/Orange/490.
Page 4 | B. MOTIONS REQUIRING HEARING TIME
To secure hearing time, parties must first coordinate with opposing counsel and then email the judicial office the eight listed case and hearing details.
Once a hearing is coordinated by all sides. To secure hearing time, coordinate with opposing counsel, then email 37orange@ninthcircuit.org with the following in the body of the email: 1. Case No. 2. Full Case Style 3. Motion(s) to be heard 4. Date/Time Coordinated 5. Amount of time requested 6. Remote or In-person appearance 7. Date "meet & confer" completed 8. Whether the hearing is evidentiary
Page 4 | B. MOTIONS REQUIRING HEARING TIME
The court will not consider unsolicited communications from non-parties, and parties must follow the stated contact procedures.
Unsolicited communications from non- parties will not be considered by the court. Parties may only contact the judicial office in accordance with these practices and procedures.
Page 3 | A. COMMUNICATIONS WITH THE JUDICIAL OFFICE
The pretrial checklist may be submitted to the judge in chambers by email at 37orange@ninthcircuit.org.
submitted to the Judge in Chambers via email to 37orange@ninthcircuit.org
Page 1 | PRE-TRIAL CHECKLIST and ORDER CONTROLLING TRIAL