Judge Heather L. Higbee
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Case Law, Memoranda
Motion, Notice Of Hearing, Proposed Order
- Email • At Least 7 Business Days Before Hearing
Pleading, Correspondence
Memoranda, Case Law, Other Hearing Materials
Court-wide- Before Hearing
Adjournments
Court-wideRequest must include
Communication
Chambers, Duty Judge
Phone
Chambers
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Document Format Requirements2 rules
Exhibits may not be submitted through a zip folder or share folder.
Do not send a zip folder or share folder as the Court may not be able to properly review/open same.
When the Court requests a proposed order, written closing argument, or statement of legal position, the submission must be formatted as a pleading, memorandum, or proposed order rather than a letter unless the Court specifies otherwise.
If the Court requests the parties to submit a proposed order, written closing argument, or statement of a party’s legal position, unless otherwise specified by the Court, the submission shall be in ===== PAGE 4 ===== the form of a pleading, memoranda, or proposed order and not in the form of a letter.
Document Filing Requirements13 rules
The subject line of every email to the judicial office must include the case number and case name.
The subject line of any e-mail to the judicial office must contain the case number and case name.
Document Type
Email To Judicial Office
An ex parte or short-matter hearing submission must include a proposed order.
Ex Parte/Short matter hearings must be confirmed by the Judicial Assistant. A Courtesy copy of the motion, notice of hearing with the video link, and proposed order must be provided to the Judicial Assistant, via email, at least seven (7) business days before the hearing.
Document Type
Ex Parte Or Short Matter Submission
A hearing-request email must state the agreed-upon week, case number and style, attorney or self-representative information, petition or motion title, requested duration, evidentiary status, and virtual or in-person format.
In your email, please include the following information: 3|Page ===== PAGE 4 ===== (1) A week parties agreed upon for dates and times to be provided (2) Case number and style of the case (3) Names of the attorneys or self-represented if applicable (4) Title of petition/motion to be heard (5) Amount of time that has been requested (6) Evidentiary or Non-Evidentiary (7) Virtual or In Person hearing requested
Document Type
Hearing Request Email
A notice of hearing for a remote appearance must include the judge’s WEBEX credentials.
A notice of hearing involving any remote appearance must list the judge’s WEBEX credentials.
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 Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.
Document Type
Notice Of Hearing
Every order must identify the subject and the Court's ruling in the caption or title rather than being titled only “Order.”
All Orders must describe in the caption/title, the subject and ruling of the Court (i.e. “Order Granting Motion to Strike Claim of Creditor Truist Bank”) not just the word “Order”.
Document Type
Order
When parties disagree about the form or content of a proposed order, submit a red-line version rather than two different orders.
If there remains disagreement between parties as to what the form and content of the order should read, submit a “red line” version making it clear to the Court where the discrepancies are. Do not submit two different orders.
Document Type
Proposed Order
The applicable probate checklist must be fully completed or the filing will not be considered.
The applicable checklist must be fully completed or it will not be considered.
Document Type
Probate Checklist
A notice for trial must be filed, and it must state whether the parties attended mediation, the mediation date if applicable, and the amount of trial time needed.
File a notice for trial to set the case for trial. This notice must include if the parties have attended mediation including the date and the amount of time needed for trial.
Document Type
Notice For Trial
The applicable probate checklist must be filed when opening or closing a Formal Administration, filing a Summary Administration, or filing a Petition for Determining Homestead Status of Real Property in a Formal or Summary Administration case.
A checklist must be filed when opening a Formal Administration, closing a Formal Administration, filing Summary Administration and Petition for Determining Homestead Status of Real Property in Formal and Summary Administration cases.
Document Type
Probate Checklist
Only the most recently revised version of the applicable probate checklist may be used.
Please only use the most recent version.
Document Type
Probate Checklist
A filing prepared with AI must contain a clear factual disclosure of that use and a certification that every legal and record citation was independently verified as accurate.
However, if any party or self-represented party has used AI in the preparation of any complaint, answer, motion, brief, or other paper filed with the Court, the party must in a clear and plain factual statement, disclose that AI has been used in the filing, and certify that each citation to the law or the record in the paper has been independently verified as accurate.
Document Type
Court Filing
Attorneys must promptly draft proposed orders that fairly and accurately reflect the Court’s ruling, provide them to all parties for approval, promptly communicate objections, and advise the Court whether opposing counsel approved the order.
Attorneys shall draft proposed orders promptly, and the orders shall fairly and adequately represent the ruling of the Court. Attorneys shall promptly provide, either orally or in writing, proposed orders to counsel for each party to the action for approval. Any objections to entry of the proposed order shall promptly be communicated. The drafting Attorney shall clearly advise the Court as to whether or not the proposed order has been approved by opposing counsel.
Document Type
Proposed Order
Filing & Service rules
Electronic Filing Rules
Every proposed order must be accompanied by an e-filed cover letter that either certifies agreement or identifies any disagreement about the order.
All proposed orders must be accompanied by an e-filed cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order.
Page 7 | D. Submission of Orders to Chambers
Routine probate pleadings and proposed orders must be sent to the court by email for chambers review and signature.
Routine pleadings and proposed orders in probate must be sent to the Court, via e-mail for the Court to review and sign in chambers.
Page 7 | D. Submission of Orders to Chambers
Routine probate petitions and proposed orders must be emailed to the court for chambers review and signature.
Routine petitions and proposed orders must be e-mailed to the Court for the Court to review and sign in chambers.
Page 8 | D. Submission of Orders to Chambers
The motion and all documents needed to review a proposed order must be viewable in the clerk's system before the order is submitted.
Viewable: Please be sure that documents necessary to review the submission, including the motion, is viewable on the clerk of Court system before submitting.
Page 9 | E. Other Procedures Relating to Submission of Orders
All exhibits must be submitted electronically by e-mail to the 2Orange email.
Submission Method: Submit all exhibits electronically by e-mail to the 2Orange email.
Page 10 | H. Exhibits for Evidentiary Proceedings
Exhibits too large to email must be arranged for physical delivery through the Judicial Assistant.
If the materials are too big to e-mail contact the Judicial Assistant to arrange a physical delivery.
Page 10 | H. Exhibits for Evidentiary Proceedings
Filing Timing and Cure Windows
Statutes, caselaw, and memoranda must reach the Court no later than five business days before the hearing, while items intended for evidentiary introduction should not be submitted for pre-hearing review.
The Court must receive all materials (statutes, caselaw, memoranda) for the hearing no later than five business days before the hearing. Do not submit items you intend to introduce into evidence as it is not appropriate for the Court to review unless those items are ultimately accepted into evidence.
Page 4 | B. Scheduling Procedures: Hearings
The moving party must promptly file the notice of hearing after receiving scheduling confirmation, and failure to do so may prevent docketing of the hearing.
A notice of hearing must be filed and served immediately by the moving party after reserving hearing time and receiving a confirmation from the Judicial Assistant. If your notice of hearing is not filed promptly it may result in your hearing not making the docket.
Page 4 | B. Scheduling Procedures: Hearings
Proposed orders must be submitted within ten days after the hearing unless the judge sets a different deadline at the hearing's conclusion.
Proposed orders must be submitted no later than ten (10) days after any hearing unless the Judge gives a different time frame at the conclusion of the hearing.
Page 8 | D. Submission of Orders to Chambers
When opposing counsel or other parties are involved, the proposed order should be drafted and circulated within three working days and submitted to the court with a copy to opposing counsel.
When there are opposing counsel or other parties, the order should be drafted and circulated within three (3) working days and must be submitted to the Court with a copy to opposing counsel.
Page 8 | D. Submission of Orders to Chambers
Evidentiary exhibits must be submitted to the court at least five business days before the hearing.
Deadline for Submissions: Exhibits must be submitted to the Court at least five (5) business days prior to the hearing.
Page 10 | H. Exhibits for Evidentiary Proceedings
A filer should allow at least fourteen days after submitting routine probate materials by a self-represented litigant before following up because the clerk must audit the filing first.
Additionally the Clerk of Court is charged with auditing all routine probate filings by self-represented litigants. This may cause a delay and should be taken into account when submitting orders. Once audited, the Court will read and consider your matter and enter the proposed order or will issue further instructions on how to proceed if there is an issue. Please allow at least fourteen days before following up on probate submissions.
Page 9 | E. Other Procedures Relating to Submission of Orders
After the notice for trial becomes viewable in the Clerk’s system, counsel must email a copy to the Judicial Assistant.
After it is viewable in the Clerk’s system, counsel shall email a copy to the Judicial Assistant.
Page 11 | J. Setting Case for Non-Jury Trials
Service and Proof of Service Rules
Attorneys and self-represented litigants must make and receive service electronically through the Florida Courts E-Filing Portal unless excused.
All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts E-Filing Portal, unless excused.
Page 2 | A. Communications with the Judicial Office
The moving party must immediately file and serve the notice of hearing after reserving the time and receiving Judicial Assistant confirmation, or the hearing may not be docketed.
A notice of hearing must be filed and served immediately by the moving party after reserving hearing time and receiving a confirmation from the Judicial Assistant. If your notice of hearing is not filed promptly it may result in your hearing not making the docket.
Page 4 | B. Scheduling Procedures: Hearings
Courtesy Copy Requirements
A party filing a pleading or correspondence must forward a copy to the Court and every other interested party.
The Court is not notified if an interested party files a pleading or correspondence in the Court file unless a copy of that item is forwarded to us and to all other interested parties by the filer.
Page 3 | A. Communications with the Judicial Office
At least seven business days before an ex parte or short-matter hearing, counsel must obtain Judicial Assistant confirmation and email the motion, notice of hearing with video link, and proposed order.
Ex Parte/Short matter hearings must be confirmed by the Judicial Assistant. A Courtesy copy of the motion, notice of hearing with the video link, and proposed order must be provided to the Judicial Assistant, via email, at least seven (7) business days before the hearing.
Page 3 | B. Scheduling Procedures: Hearings
Courtesy copies of case law and memoranda are merely suggested in high-conflict or complex matters and are required only if the court orders them.
When Required: Submitting Courtesy copies of case law and/or memoranda to the Court is suggested in high conflict or complex legal matters but are not required unless ordered by the Court.
Page 9 | F. Courtesy Copies of Case Law and Other Documents
Chambers Communication Rules
All communications to the judicial office must be submitted by email to the dedicated division email account.
Division E-mail: All communications to the judicial office must be submitted by e-mail to 2Orange@ninthcircuit.org the dedicated division e-mail account.
Page 1 | A. Communications with the Judicial Office
Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders unless excused.
All attorneys and self-represented litigants must provide an e-mail address to receive signed orders electronically, unless excused.
Page 2 | A. Communications with the Judicial Office
All parties, including pro se litigants, must be copied on emails directed to the judicial office.
All parties, including pro se/self-represented litigants must be copied on any e-mail directed to the judicial office.
Page 2 | A. Communications with the Judicial Office
All parties must be copied on judicial-office emails unless the communication is an ex parte communication authorized by law.
All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.
Page 2 | A. Communications with the Judicial Office
A hearing request must be emailed to the Judicial Assistant at 2Orange@ninthcircuit.org and will not be docketed without written confirmation.
Email a hearing request to the Judicial Assistant at 2Orange@ninthcircuit.org Your hearing will not be docketed unless you receive written confirmation from the Judicial Assistant.
Page 3 | B. Scheduling Procedures: Hearings
All hearings must be scheduled through the Judicial Assistant.
All hearings are scheduled through judicial assistant.
Page 3 | B. Scheduling Procedures: Hearings
A request for a hearing longer than one hour must be emailed to the 2Orange address with reasons for the extended duration and approved by Judge Higbee.
Any hearing requests for longer than one (1) hour must be approved by Judge Higbee. Email your request to the 2Orange email, detailing the reasons for the extended time.
Page 4 | B. Scheduling Procedures: Hearings
A party seeking emergency consideration must email the court to alert it that an emergency petition or motion has been submitted.
Please email the 2orange email address above to alert the Court that there is a petition or motion for emergency consideration.
Page 10 | G. Emergency and Other Urgent Matters
Attorneys and self-represented litigants must update their contact information on Form 2.603 whenever their registered email account changes.
It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e- mail account registered for electronic service.
Page 2 | A. Communications with the Judicial Office
Telephone communication with the judicial office is available at 407-836-9580, including for self-represented litigants and attorneys excused from email service, but text messages are not accepted.
Any telephonic communications to the judicial office, including self-represented litigants and attorneys excused from e-mail service, may communicate with the judicial office by telephone call to 407-836-9580 The judicial office does not accept text messages.
Page 2 | A. Communications with the Judicial Office
The Court will not consider unsolicited communications from non-parties.
Unsolicited communications from non-parties will not be considered by the Court.
Page 2 | A. Communications with the Judicial Office
Email sent to or from the judicial office may become a publicly disclosable record.
Any e-mail sent to or from the judicial office may be a public record subject to disclosure.
Page 3 | A. Communications with the Judicial Office
If parties cannot agree on a hearing date and time, the scheduling party should email the Judicial Assistant while copying opposing counsel and any self-represented litigant.
If parties are unable to agree upon a hearing date and time provided, the scheduling party should e- mail the Judicial Assistant, copying opposing counsel and any self- represented litigant, for the Judicial Assistant to assist with locating an available date and time parties can agree upon.
Page 4 | B. Scheduling Procedures: Hearings
The Judicial Assistant will endeavor to respond substantively to inquiries within one business day and will otherwise acknowledge the inquiry with an estimated response time and alternate contact.
The Judicial Assistant is not authorized to provide legal advice. The Judicial Assistant strives to substantively respond to all inquiries within one business day. If the Judicial Assistant is unable to substantively respond within one business day, your message will be acknowledged as received with an indication of when to expect a substantive response and alternate contact for immediate assistance.
Page 3 | A. Communications with the Judicial Office
Messages received while the Judicial Assistant is out of the office will be acknowledged with an estimated response time and an alternate contact.
When the Judicial Assistant is out of the office, your message will be acknowledged as received with an indication of when to expect a substantive response and an alternate contact for assistance.
Page 3 | A. Communications with the Judicial Office