Judge John E. Jordan
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Brief
Continuance Motions
Hearing Document
Jury Instructions
Communication
Chambers
Phone
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Phone
Court-wideChambers
Document Format Requirements17 rules
Orders must use 14-point Times New Roman in Microsoft Word, and an emailed proposed order may not be submitted as a PDF.
Orders shall be in 14 pt. type Times New Roman, in Word; Proposed Order must be in the current version of Microsoft Word (No PDF) format when emailed to 40Orange@ninthcircuit.org.
DOCX
Hearing documents must be submitted in hard copy, preferably on USB without notebook files, at least five business days before the hearing.
Hearing documents for the Court shall be presented hard copy - USB preferred (no Notebooks) and to be delivered at least five (5) business days prior to hearing.
Paper
The required Americans with Disabilities Act language in a Notice of Hearings must be printed in 14-point bold type using Bookman Old Style or Arial.
Pursuant to Admin. Order 07-97-32-05, must include the Americans with Disabilities Act of 1990 language (14 point – bold – Bookman Old Style or Arial) (See below):
Evidence must be submitted in hard copy, marked and tagged, and brought to the hearing.
Evidence must be hard copy, Marked and tagged and be brought to the hearing.
Paper
All exhibits must be tagged and marked for identification before trial begins.
All exhibits must be tagged and marked for identification Prior to the first day of trial.
Demonstrative aids may not be shown to the jury without agreement or a prior court order, except during closing arguments.
shall not be shown to the jury without agreement or prior court order, with the exception of closing arguments.
Jury instructions and verdict forms must be prepared in Microsoft Word using 14-point Times New Roman and double spacing.
MS Word 14 pt. Times New Roman font. Double Spaced.
DOCX
Jury instructions and verdict forms must be delivered to the court on a USB flash drive together with a courtesy copy of the Joint Final Pre-Trial Statement.
Jury Instructions and Verdict Forms – delivered to Court with Courtesy Copy of Joint Final Pre-Trial Statement on USB flash drive.
The words “Done and Ordered” and the judge’s signature line may not begin a new page, and at least part of the order must appear above the judge’s signature.
“Done and Ordered” nor the Judge’s signature line shall start a new page. All or a portion of the Order must appear above the Judge’s signature.
Evidence intended for court use should be provided on an indexed and hyperlinked USB drive.
The Court should be provided an indexed and hyperlinked USB Drive.
Trial documents intended for admission into evidence must be pre-marked and/or Bates stamped.
Trial documents that parties intend to admit into evidence shall be pre-marked and/or Bates stamped.
The court accepts only official clerk evidence cards.
Only official Clerk evidence cards are accepted.
Exhibits must be Bates stamped when more than 100 exhibits are involved.
Exhibits must be Bates stamped in any case in which more than 100 exhibits are involved.
The versions of jury instructions must include a case-style cover page and title, with instructions in paragraph form without instruction numbers, headers, or brackets.
The above versions of Jury Instructions shall be prepared to include a cover page reflecting the style of the case, an appropriate title, with instructions following in paragraph form without Jury Instruction numbers, headers or brackets.
Proposed jury instructions must use 14-point Times New Roman, double spacing, and numbered pages.
Instructions shall be 14-point, Times New Roman and double spaced. Pages shall be numbered.
Demonstrative aids, including PowerPoint presentations, may not contain an attorney's or law firm's name.
All demonstrative aids (including Power Point Presentations), shall not contain the name of the attorney/law firm
All documents offered at trial must be produced, and exhibits must be Bates stamped when more than 100 exhibits are involved.
Produce all documents to be offered at trial. Exhibits must be Bates stamped in any case in which more than 100 exhibits are involved.
Document Filing Requirements45 rules
If a hearing is directed, the moving party must issue a notice of hearing identifying the specific unresolved matters submitted for decision.
The moving party must send out the notice of hearing and specifically set forth in the “Notice” the specific matters that remain in dispute and that will be submitted to the Court for resolution.
Document Type
Notice Of Hearing
After satisfying the meet-and-confer requirement, filing counsel must submit a memorandum of law identifying each unresolved item and presenting supporting arguments and case law.
After the meet and confer requirement has been satisfied, counsel filing the Motion(s) in Limine must submit to the Court a written memorandum of law, with supporting case law: a. Identifying each item in the Motion(s) in Limine that has not been agreed to by opposing counsel at the meet and confer; and b. Setting forth any arguments and case law in support of the disputed issue(s).
Document Type
Memorandum Of Law
After the conference, filing counsel must prepare and file a written stipulation identifying the matters on which the parties agreed.
After the meeting, counsel filing the Motion in Limine must prepare and file a stipulation confirming in writing the matters that are agreed to.
Document Type
Stipulation
The moving party must prepare a proposed order for any contested hearing that reflects the court's rulings.
The party filing the Motion in Limine will prepare the proposed order on any contested hearing reflecting the Court’s rulings.
Document Type
Proposed Order
An order’s title must fully describe the motion and relief granted, and the order body must state the motion’s filing date and include page numbers.
The title of the Order shall have a full description of the motion and relief granted. The body of the Order shall state the date motion was filed and include page numbers.
Document Type
Order
When parties agree on a proposed order, the moving party must email the chambers address a copy of the filed cover letter reflecting the agreement and a proposed agreed order in Word format.
If the parties have filed a Motion and an agreement has been reached on a proposed Order, the Moving Party, shall email to 40Orange@ninthcircuit.org: 1. A copy of the filed cover letter that reflects the agreement of the parties. 2. A Proposed Agreed Order for the Court’s consideration (in Word format).
Document Type
Agreed Order
A Notice of Hearings must state the hearing date and time, motions and filing dates, physical and Webex hearing information, meet-and-confer compliance or the reason for noncompliance, a completed certificate of service, and the required ADA language.
Notice of Hearings must include: 1) Date and Time of Hearing. 2) Motion(s) to be heard and the date each Motion(s) were filed. 3) The physical address: Hearing Room 1400.02, Orange County Courthouse, 425 N. Orange Ave., Orlando, FL 32801 and the Webex address. a. Webex address: https://ninthcircuit.webex.com/meet/40orange Meeting Number: 2332 894 5902 and Telephonic: 1-904-900-2303 with Access code 2332 894 5902## 4) Date Parties Complied with the Meet and Confer Requirement and if not the reason. 5) Complete Certificate of Service: pro se names/physical/email addresses sent) 6) Pursuant to Admin. Order 07-97-32-05, must include the Americans with Disabilities Act of 1990 language (14 point – bold – Bookman Old Style or Arial) (See below):
Document Type
Notice Of Hearing
Unless the court orders otherwise, a motion seeking ex parte or short-matter relief must state good cause and cite applicable legal authority.
Unless otherwise ordered by the Court, motions must state good cause therefore and cite any applicable rule, statute or other authority justifying the relief sought.
Document Type
Motion
A short-matter Notice of Hearing must state the courthouse physical address and hearing room, provide complete Webex information, and include required ADA information.
Notice of Hearing must include 1) physical address (with hearing room – 1400.02); 2) the full remote Webex information; 3) the required ADA information.
Document Type
Notice Of Hearing
The Notice of Hearing must expressly identify the scheduled matter as an evidentiary hearing.
**Reminder – Notice of Hearing must reflect that it is an Evidentiary Hearing.
Document Type
Notice Of Hearing
Every Notice of Hearing must state the case number and style, hearing date, time, and length, motion title and filing date, hearing location, hearing format and complete Webex information, required ADA language, and a Certificate of Service containing addresses for pro se parties not on E-Portal.
Notice of Hearings must specify: 7 ===== PAGE 8 ===== Continuation – Circuit Civil Division 40 Procedures 1) Case Number and Style of the Case; 2) Date and time of hearing; Length of hearing; 3) Title of Motion scheduled; 4) Date the Motion was filed with the Clerk; 5) Hearing room (including courthouse address); 6) Webex (include all Webex information) or a combination (hybrid of both in person and Webex); 7) Certificate of Service to include completed address information for all pro se parties not on the E-Portal; 8) Required ADA verbiage.
Document Type
Notice Of Hearing
When no timely response or objection has been filed to initial discovery requests, the moving party may submit a proposed order with the motion.
If no timely response or objection has been filed to initial discovery requests (e.g. Fact Information Sheet, Interrogatories, etc.) the moving party may submit a proposed order with the motion.
Document Type
Discovery Motion
When the client is a corporation or other legal entity, the proposed order must require the client to obtain substitute counsel within 30 days.
If the client is a corporation or other legal entity, the proposed order must include the requirement to obtain substitute counsel within 30 days.
Document Type
Proposed Order
Following a prior continuance, parties must email a new pretrial conference checklist signed by all trial counsel, although they may rely on the previously filed pretrial statement.
Answer: Yes. You can rely on a previously filed Pre-Trial Statement, but you must email a new Pre-Trial Conference Checklist signed by all trial counsel.
Document Type
Pretrial Conference Checklist
If the court directs the parties to email competing orders after a hearing, the parties must provide them after that hearing.
Answer: Yes, after a hearing where the Court directs the parties to email competing orders.
Document Type
Proposed Order
The filing attorney must certify good-faith attempts, made in person or by telephone on three stated dates and times, to discuss resolving the motion without a hearing when opposing counsel or the pro se defendant could not be reached.
CERTIFICATE OF COMPLIANCE I HEREBY CERTItrY that a lawyer in my firm with full authority to resolve this matter attempted in good faith to contact [opposing counse[ [pro-se Defendant _ lin person or by telephone on: I (Date) at (Time); and ') (Date) at (Time); and 3 (Date) at (Time) to discuss resolution of this Motion without a hearing and the lawyer in my firm was unable to speak with Iopposing counsell fttro-se Defendart t.
Document Type
Meet And Confer Certification
The moving party's filing package must include the required exhibit schedule, witness list, invoices, time records, checks, supporting documentation, attorney and paralegal time records, billing summary, suggested rates, and taxable-cost request.
Within forty (40) days of this ORDER, the Moving Party shall file a Schedule of All Exhibits and Witness List which it intends to offer at the hearing and make available and provide to the opposing party, a copy of all invoices, time records, cancelled checks and other supporting documentation for any cost requested and all attorney/paralegal time records, evidencing services for which the party seeks payment, along with a summary of Attorney/paralegal billing time; suggested hourly rate(s), suggested expert witness fee rates and taxable costs for which the Moving Party seeks recovery for. Notice of Compliance shall be filed with the Clerk.
Document Type
Moving Party Exhibit And Cost Schedule
The responding party must file its own exhibit schedule and witness list, provide copies to the opposing party, and file a notice of compliance with the clerk.
Responding Party shall file a Schedule of All Exhibits that it intends to offer at the hearing and provide copies to opposing party, along with a Witness List. Notice of Compliance shall be filed with the Clerk.
Document Type
Responding Party Exhibit And Witness Schedule
The moving party's written response to each objection must state whether the party concurs and cite contrary authority if it does not concur.
Within ten (10) days of receipt of said response, the Moving Party shall in writing to each objection, stating whether said party concurs with the objection and if not, cite the contrary authority. Notice of Compliance shall be filed with the Clerk.
Document Type
Moving Party Response To Objections
The responding party's written response must address every cost and attorney-fee item and must state the basis and supporting authority for each objection.
Within thirty (30) days of receipt of the Schedule of All Exhibits and supporting documents and summary referenced in paragraph 2, counsel for the Responding Party shall respond in writing to each item of costs and attorney fee's. This response shall state whether counsel agrees or objects to said item. For each objection, counsel shall state the basis and cite the supporting authority.
Document Type
Written Response To Costs And Attorney Fees
A Notice of Compliance must be filed with the Clerk.
Notice of Compliance shall be filed with the Clerk.
Document Type
Notice Of Compliance
The parties must draft a concise joint statement of the case and all attorneys and pro se parties must sign it for presentation at the scheduling conference.
Agree upon and draft a concise Joint Statement of The Case as to paragraphs 6 a-f, to present to the Court at the Scheduling Conference. All attorneys and pro se parties shall sign the Joint Statement.
Document Type
Joint Statement Of The Case
Plaintiffs must disclose the expert witnesses, including treating experts, they in good faith actually intend to call at trial no less than 120 days before the Pre-Trial Conference.
No less than 120 days before the Pre-Trial Conference, Plaintiff(s) shall disclose the expert witnesses (including treating experts) that in good faith, Plaintiff(s) actually intends to testify at trial.
Document Type
Expert Witness Disclosure
Each party must serve a sequentially lettered, specifically described schedule of all trial exhibits, including depositions.
A schedule of all exhibits, including depositions, a party may offer at trial, lettered sequentially. Exhibits shall be described with specificity. For example, “all medical records” is insufficient.
Document Type
Exhibit Schedule
An expert disclosure must be in writing and provide the expert’s identifying information, qualifications, specialty, subjects of testimony, and opposing parties against whom the expert will testify.
As used herein, “disclose” means furnishing in writing (i) the expert’s name, business address and telephone number, (ii) his or her curriculum vitae or qualifications, (iii) his or her medical specialty or field of expertise, (iv) a statement of the specific subjects upon which the expert will testify and offer opinions and (v) the party or parties against whom the expert will be called to testify.
Document Type
Expert Witness Disclosure
Defendants must disclose their intended expert witnesses within 30 days after the plaintiffs’ expert disclosure.
Within thirty (30) days of the Plaintiff(s)’ disclosure of experts, the Defendant(s) shall disclose the expert witnesses that in good faith, Defendant(s) actually intends to testify at trial.
Document Type
Expert Witness Disclosure
The pretrial witness list must include all potential trial, impeachment, and rebuttal witnesses, their contact information, and their specified witness category.
A list of all witnesses including potential impeachment and rebuttal witnesses who may testify at trial. The list shall provide the name, address and telephone number of the witness and shall specify whether the witness is a liability, damage, rebuttal or impeachment witness.
Document Type
Witness List
Attorneys and pro se parties must serve the listed pretrial documents no later than 60 days before the Pre-Trial Conference.
No less than sixty (60) days before the Pre-Trial Conference, attorneys and pro se parties shall serve the following:
Requirement
Document requirement
Changes in an expert’s opinion or the basis for that opinion must be disclosed to all parties no later than 60 days before the Pre-Trial Conference.
Any changes in an expert’s opinion or changes in the basis of the expert’s opinion must be disclosed to all parties no less than sixty (60) days prior to the Pre-Trial Conference.
Document Type
Expert Opinion Change Disclosure
A party disclosing experts must provide opposing counsel three proposed deposition dates for each disclosed expert.
Parties disclosing expert(s) shall provide opposing counsel three (3) proposed deposition dates for each expert disclosed.
Document Type
Expert Deposition Dates
Each party's witness lists must be attached to the joint pretrial statement.
Witness lists for each Party shall be attached to the Joint Pre-Trial Statement described below.
Document Type
Joint Pretrial Statement
Each party's exhibit schedules must be attached to the joint pretrial statement.
The Exhibit Schedules for each party shall be attached to the Joint Pre-Trial Statement described below.
Document Type
Joint Pretrial Statement
Unresolved deposition-designation disputes require submission of a marked transcript and a proposed order identifying the objections for ruling.
If the parties cannot resolve disputes over deposition designations, and no hearing time can be coordinated, the parties shall submit a properly marked copy of the transcript and a proposed order identifying the page and line of objections that must be ruled on by the Court.
Document Type
Deposition Designation Dispute Submission
Proposed jury instructions and verdict forms must be provided to the court at the pretrial conference in digital WORD format to the listed Judicial Assistant.
The proposed jury instructions and verdict form(s) shall be provided to the Court at the Pre-Trial Conference in digital copy to Judicial Assistant at 40orange@ninthcircuit.org in WORD FORMAT.
Document Type
Jury Instructions
The Joint Pre-Trial Statement must include specified statements of facts and issues, witness lists, exhibit schedules, evidentiary stipulations, trial estimates, damages, lead counsel designation, outstanding motions, and judicial-notice requests.
The Joint Pre-Trial Statement shall contain the following: 1. A statement of admitted facts. 2. Issues of fact to be tried. 3. Unresolved issues of law, procedure or evidence. 4. Each party’s witness list. 5. Each party’s schedule of exhibits with objections and grounds. 6. Any stipulation on evidentiary matters. 7. A current estimate of the number of hours/days required for trial. 8. The specific category of damages, including attorneys’ fees, claimed by each party. 9. Designation of Lead Trial Counsel. 10. A list of all outstanding motions and the date/time of any hearing thereon or whether each motion is waived/withdrawn/moot. 11. Identification of matters for which the parties will request judicial notice, with objections or agreement.
Document Type
Joint Pretrial Statement
The court will generally consider only case law included in the submitted memorandums or responses, unless the additional authority was issued afterward.
No additional case law will be considered that ===== PAGE 2 ===== has not been set forth in the previously submitted memorandums or responses unless that case law was issued subsequent to the submittal of the memorandums or responses.
Document Type
Memorandum And Response
An order may not use the word “Proposed” and must specifically describe the relief granted rather than merely stating “Grant” or “Denied.”
The Order shall not include the word “Proposed”. Order must be specific as to the relief sought (i.e. “Grant” or “Denied” is not sufficient).
Document Type
Order
Parties are expected to meet, prepare, and jointly file a final pre-trial statement.
Court expects parties to meet, prepare and file a Joint Final Pre-Trial Statement.
Document Type
Joint Final Pretrial Statement
A continuance motion submitted for the court’s consideration must include a proposed agreed order.
The parties should submit courtesy copy to the Judicial Assistant via email (40Orange@ninthcircuit.org) of the filed Motion with a proposed Agreed Order for the Courts’ consideration.
Document Type
Continuance Motion
The certificate of service must identify the service methods used for parties not participating in the E-Portal.
Certificate of Service must include service methods for those parties not participating in the E-Portal.
Document Type
Certificate Of Service
Counsel must submit a notice of filing reflecting service of the signed order on parties not participating in the E-Portal.
Counsel shall submit to the Clerk a Notice of Filing which reflects copy of the signed order served to any parties not participating in the E-portal.
Document Type
Notice Of Filing
The proposed order should state the client’s name, address, phone number, and email in its body.
The proposed order should include the name, address, phone number and email of the client to whom the pleadings will be sent in the body of the order as well as in the certificate of service.
Document Type
Proposed Order
Any cost or fee item not addressed by the responding party is deemed agreed to and an objection to it is waived.
Any item not addressed by Responding Party shall be deemed agreed to and any objection thereto waived.
Document Type
Written Response To Costs And Attorney Fees
The parties must agree in writing to use affidavits instead of live expert testimony.
The Parties must agree in writing to use affidavits in lieu of live testimony.
Document Type
Written Agreement To Use Affidavits
The joint pretrial statement must contain a statement of the case for reading to the jury at the beginning of voir dire.
The Joint Pre-Trial Statement shall contain the following: 1. A statement of the case to be read to the jury at the beginning of voir dire.
Document Type
Joint Pretrial Statement
Filing & Service rules
Electronic Filing Rules
Hearing documents may not be submitted to the court by email.
Court does not accept hearing documents via email.
Page 5 | Notice of Hearings
The order was filed through the Florida Courts E-Filing Portal System and a copy was served on identified attorneys and interested parties through the portal's electronic service list.
I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court 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.
Page 1 | Certificate of Service
The joint pretrial statement requires filing of the original with the clerk and delivery of one electronic copy to the judge.
The original shall be filed with the Clerk and one ELECTRONIC copy shall be delivered to the judge
Page 4 | 8. JOINT PRE-TRIAL STATEMENT
The foregoing document must be filed with the clerk through the Florida Courts E-Filing Portal System.
I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court by using the Florida Courts E-Filing Portal System.
Page 6 | CERTIFICATE OF SERVICE
The completed pre-trial conference checklist must not be filed but instead submitted by email.
Email (do not file) completed Checklist no later than 5 days before PTC
Page 1 | PRE-TRIAL CONFERENCE CHECKLIST AND ORDER CONTROLLING TRIAL
Filing Timing and Cure Windows
A Motion in Limine must be filed by the deadline set in the OCMC or Uniform Order unless the court extends that deadline.
Any Motion in Limine must be filed no later than the timeframe set forth in the OCMC and/or UNIFORM ORDER unless extended by this Court.
Page 1 | STANDING PROCEDURES FOR MOTIONS IN LIMINE
A Motion in Limine may be treated as abandoned if it is untimely, omitted from the required conference, or left unresolved and not set for hearing.
Any Motions in Limine not timely filed or not discussed at the meet and confer or (if unresolved) not set for hearing will be considered abandoned.
Page 2 | STANDING PROCEDURES FOR MOTIONS IN LIMINE
Hearing documents must be delivered to the court no later than five business days before the hearing.
Hearing documents for the Court shall be presented hard copy - USB preferred (no Notebooks) and to be delivered at least five (5) business days prior to hearing.
Page 5 | Notice of Hearings
A Summary Judgment hearing may not be scheduled earlier than 50 days after the Summary Judgment motion is filed.
Notice of Hearings on Summary Judgment motions must schedule the hearing no earlier than 50 days from filing Summary Judgment Motion, to allow responding party to comply with Florida Rules of Civil Procedure 1.510.
Page 8 | c. ALL HEARINGS
Every motion must be filed with the clerk before a hearing can be scheduled.
All Motions must be filed with the Clerk prior to scheduling for hearing.
Page 8 | c. ALL HEARINGS
A motion arising during trial must be brought before the court between 8:30 a.m. and 9:00 a.m. during an ex parte or short matter.
Motions that arise during trial, must be brought before the Court between 8:30 am – 9:00 am during ex parte / short matters.
Page 11 | Continuation – Circuit Civil Division 40 Procedures
The joint pre-trial statement must be submitted no later than seven business days before the pre-trial conference.
Joint Pre-Trial Statement (see above) no later than seven (7) business days prior to the Pre-Trial Conference.
Page 11 | Continuation – Circuit Civil Division 40 Procedures
All motions must be properly filed and submitted to the court no later than seven days before the pre-trial conference.
All motions must be properly filed and brought before the Court no later than seven (7) days prior to the Pre-Trial Conference.
Page 11 | Continuation – Circuit Civil Division 40 Procedures
A motion must be filed before the parties coordinate a hearing time, and available hearing time is assigned on a first-come, first-served basis.
Answer: No, the Court does not “reserve” hearing time. Motion must be filed before coordinating a hearing time. Hearing Time is first come, first served.
Page 13 | Circuit Civil Division 40 Procedures
Each party must disclose all other expert opinions in affidavit form at least 30 days before the scheduling conference and make its experts available for depositions without a subpoena.
Each party shall disclose all other expert opinions in affidavit form at least thirty (30) days prior to the Scheduling Conference and make experts, if any, available for depositions without necessity of subpoena.
Page 1 | Meeting of Attorneys
Within 40 days of the order, the moving party must file its exhibit and witness schedule, provide supporting cost and attorney-time records and billing summaries, and file a notice of compliance with the clerk.
Within forty (40) days of this ORDER, the Moving Party shall file a Schedule of All Exhibits and Witness List which it intends to offer at the hearing and make available and provide to the opposing party, a copy of all invoices, time records, cancelled checks and other supporting documentation for any cost requested and all attorney/paralegal time records, evidencing services for which the party seeks payment, along with a summary of Attorney/paralegal billing time; suggested hourly rate(s), suggested expert witness fee rates and taxable costs for which the Moving Party seeks recovery for. Notice of Compliance shall be filed with the Clerk.
Page 1 | Order for Scheduling Conference Preliminary to Hearing to Tax Costs and Award Attorneys’ Fees and Costs (Higbee Order)
The trial counsel and any pro se parties must meet no later than 10 days before the scheduling conference, and the moving party must arrange the mutually agreeable meeting.
No later than ten (l0) days prior to Scheduling Conference, Counsel that will try the case, and pro se parties, if any, shall meet together. Attendance is mandatory! Moving Party shall arrange a mutually agreeable date, time and place for this meeting.
Page 1 | Meeting of Attorneys
Within 10 days after receiving the response, the moving party must respond in writing to each objection, state whether it concurs, cite contrary authority when it does not concur, and file a notice of compliance.
Within ten (10) days of receipt of said response, the Moving Party shall in writing to each objection, stating whether said party concurs with the objection and if not, cite the contrary authority. Notice of Compliance shall be filed with the Clerk.
Page 1 | Order for Scheduling Conference Preliminary to Hearing to Tax Costs and Award Attorneys’ Fees and Costs (Higbee Order)
Within 30 days after receiving the moving party's schedule and supporting materials, the responding party must provide a written response addressing each cost and fee item, stating agreement or objection and providing grounds and authority for objections.
Within thirty (30) days of receipt of the Schedule of All Exhibits and supporting documents and summary referenced in paragraph 2, counsel for the Responding Party shall respond in writing to each item of costs and attorney fee's. This response shall state whether counsel agrees or objects to said item. For each objection, counsel shall state the basis and cite the supporting authority.
Page 1 | Order for Scheduling Conference Preliminary to Hearing to Tax Costs and Award Attorneys’ Fees and Costs (Higbee Order)
Expert depositions must take place no later than 15 days before the scheduling conference.
Said depositions to take place no later than fifteen (15) days preceding the Scheduling Conference.
Page 1 | Meeting of Attorneys
The parties must exchange proposed jury instructions and verdict forms no later than 14 days before the pretrial conference.
The parties shall exchange proposed jury instructions and verdict forms no later than 14 days prior the Pre-Trial Conference.
Page 3 | 5. EXPERT WITNESSES; DISCLOSURE; DEADLINES; TESTS, EXAMINATIONS AND EXPERIMENTS
Each party must serve its deposition designations at least 14 days before the pretrial conference.
(a) Deposition designations. No less than 14 days prior to the Pre-Trial Conference, each party shall serve designations of the depositions it intends to offer at trial.
Page 3 | 5. EXPERT WITNESSES; DISCLOSURE; DEADLINES; TESTS, EXAMINATIONS AND EXPERIMENTS
The parties must serve counter or fairness deposition designations at least seven days before the pretrial conference.
No less than 7 days prior to Pre-Trial Conference, the parties shall serve counter (or “fairness”) designations.
Page 3 | 5. EXPERT WITNESSES; DISCLOSURE; DEADLINES; TESTS, EXAMINATIONS AND EXPERIMENTS
The original joint pretrial statement must be filed with the clerk, and one electronic copy must reach the judge no later than five business days before the pretrial conference with a current pretrial checklist.
The original shall be filed with the Clerk and one ELECTRONIC copy shall be delivered to the judge no later than 5 business days prior to the Pre-trial Conference with a current Pre-Trial Checklist.
Page 4 | 8. JOINT PRE-TRIAL STATEMENT
The designated attorney must serve a proposed joint pretrial statement at least 14 days before the pretrial conference.
No less than fourteen (14) days before the Pre- Trial Conference, Plaintiff’s attorney (or Defendant’s attorney, if Plaintiff is pro se) shall serve a “Proposed Joint Pre-Trial Statement” reflecting any and all agreements and disputes as to the matters listed below.
Page 4 | 8. JOINT PRE-TRIAL STATEMENT
The final joint pretrial statement must be prepared, filed, and served at least seven days before the pretrial conference.
A Joint Pre-Trial Statement addressing the matters described below shall then be prepared, filed and served no less than seven (7) days before the Pre-Trial Conference.
Page 4 | 8. JOINT PRE-TRIAL STATEMENT
Discovery closes the day before the pretrial conference unless the court extends the cutoff for good cause.
Discovery closes on the day prior to the Pre-Trial Conference unless extended by Court order for good cause shown.
Page 5 | 9. DISCOVERY CUT-OFF
All motions other than motions in limine must be filed and heard at least seven days before the pretrial conference, and late motions may be summarily denied.
All motions (including Daubert motions), other than motions in limine, must be FILED AND HEARD at least 7 days prior to the Pre-Trial Conference. Late-filed motions are subject to summary denial.
Page 5 | 10. MOTIONS CUT-OFF DEADLINE
A Notice of Settlement signed by all parties must be filed within five business days after the settlement email notice.
followed within five (5) business days by a filed Notice of Settlement signed by all parties.
Page 6 | 12. NOTIFICATION OF SETTLEMENT
All motions for trial must be presented to the court at 8:30 a.m.
All motions for trial must be brought before the Court at 8:30 am.
Page 1 | Court Use Only
All objections to exhibits must be resolved by the first day of the trial docket.
All Objections must be heard no later than first day of the trial docket.
Page 1 | 2 Exhibits
Lead counsel and any pro se parties must meet no later than 15 days before the pretrial conference, with live attendance by lead trial counsel mandatory.
No later than fifteen (15) days prior to the Pre-Trial Conference, lead counsel pro se parties, if any, shall meet. Live attendance at this meeting by Lead Trial Counsel is mandatory.
Page 3 | ADDITIONAL REQUIREMENTS PRIOR TO PRETRIAL CONFERENCE
The final joint pretrial statement must be prepared, filed, and served at least 5 days before the conference, with the original filed with the clerk and an electronic copy and checklist/order emailed to the judge no later than 5 business days before the conference.
A Joint Pre-Trial Statement addressing the matters described below shall then be prepared, filed and served no less than five (5) days before the Pre- Trial Conference. The original shall be filed with the Clerk and one ELECTRONIC copy shall be emailed to the judge no later than 5 business days prior to the Pre-trial Conference with a copy of the competed Pre-Trial Conference Checklist and Order Controlling Trial.
Page 4 | JOINT PRE-TRIAL STATEMENT
Parties must immediately notify the judicial assistant of a settlement by email and file a Notice of Settlement signed by all parties within five business days.
The parties shall immediately notify the judicial assistant of a settlement by email at 40orange@ninthcircuit.org followed within five (5) business days by a filed Notice of Settlement signed by all parties.
Page 5 | NOTIFICATION OF SETTLEMENT
All motions other than motions in limine must be filed and heard at least seven days before the Pre-Trial Conference, and late-filed motions are subject to summary denial.
All motions (including Daubert motions), other than motions in limine, must be FILED AND HEARD at least 7 days prior to the Pre-Trial Conference. Late-filed motions are subject to summary denial.
Page 5 | MOTIONS CUT-OFF DEADLINE
A joint stipulation cannot extend the discovery cutoff without a court order.
Joint Stipulations to extend discovery without Court order do not alter the discovery cut-off.
Page 5 | 9. DISCOVERY CUT-OFF
Trial briefs are optional, but any filed trial brief must be delivered electronically to Chambers at least five working days before trial.
Trial briefs are optional but if one is filed, an electronic copy for the Court shall be delivered to Chambers no less than five (5) working days before trial.
Page 6 | 11. TRIAL BRIEFS
Service and Proof of Service Rules
Copies of the motion, memorandum, and any response must be emailed to the court chambers at the stated address.
A copy of the motion, memorandum, and response must be provided to the Court (chambers) by email to 40orange@ninthcircuit.org.
Page 1 | STANDING PROCEDURES FOR MOTIONS IN LIMINE
The document is filed through the Florida Courts E-filing Portal and served electronically on parties listed on the portal’s electronic service list through generated Notices of Electronic Filing.
The foregoing was filed with the Clerk of Court by using the Florida Courts E-filing Portal System. Accordingly, a copy of the foregoing is being served on this day to all attorneys/interested parties identified on the E-Portal Electronic Service List via transmission of Notices of Electronic Filing generated by the E-Portal System.
Page 4 | CERTIFICATE OF SERVICE
Moving counsel must serve parties not on the E-Portal by U.S. mail and email, if applicable, within three days and provide proof of service to the clerk.
Moving Counsel shall serve by U.S. Mail and email if any, to all parties not on the E-Portal within 3 days with proof to the Clerk of the Court.
Page 4 | CERTIFICATE OF SERVICE
A Notice of Hearings must include a complete certificate of service identifying the pro se recipients and their physical and email addresses.
Complete Certificate of Service: pro se names/physical/email addresses sent)
Page 5 | Notice of Hearings
At least 30 days before an evidentiary hearing, parties must provide all other parties with the evidence and witness information to be presented and disclose any interpreter and language needed.
No less than thirty (30) days before a scheduled evidentiary hearing, parties must disclose to all other parties, all documents/photos/videos/evidence and the name, address and phone number/email address of each potential hearing witness and the expected subjects they will testify on, with copies provided. Parties must disclose if an interpreter will be used, including language to be interpreted.
Page 7 | b. EVIDENTIARY HEARINGS
Counsel must email a copy of a filed motion for reconsideration or rehearing to the court for review.
A copy of the filed motion must be provided to the Court via email (40Orange@ninthcircuit.org), at which time the Motion will be reviewed.
Page 9 | MOTIONS FOR RECONSIDERATION/REHEARING
Exhibits and evidence intended for use in a video-conference hearing must be provided to opposing counsel and the court at least three business days before the hearing.
Any exhibits or evidence to be used in video conference hearing must be provided to opposing counsel and Court three (3) business days prior to the hearing.
Page 9 | COMMUNICATION TECHNOLOGY – REMOTE APPEARANCE
A copy of the order was served on the same day to all identified attorneys and interested parties listed in the portal's electronic service list through electronic-filing notices.
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.
Page 1 | Certificate of Service
The document is served electronically on the same day to all attorneys and interested parties listed on the ePortal Electronic Service List.
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.
Page 1 | CERTIFICATE OF SERVICE
The attorney for the party proposing the joint pretrial statement must serve it on the other party no less than 10 days before the pretrial conference.
No less than ten (10) days before the Pre- Trial Conference, Plaintiff’s attorney (or Defendant’s attorney, if Plaintiff is pro se) shall serve a “Proposed Joint Pre-Trial Statement” reflecting any and all agreements and disputes as to the matters listed below.
Page 4 | JOINT PRE-TRIAL STATEMENT
On the filing date, the document must be served electronically to all attorneys and interested parties on the E-Portal Electronic Service List through notices generated by the E-Portal System.
Accordingly, a copy of the foregoing is being served on this day to all attorney(s)/interested parties identified on the E-Portal Electronic Service List, via transmission of Notices of Electronic Filing generated by the E-Portal System.
Page 6 | CERTIFICATE OF SERVICE
Courtesy Copy Requirements
Courtesy copies provided to the court on a USB drive must be indexed or bookmarked and hyperlinked.
Courtesy Court copies via USB Drive must be indexed and/or bookmarked/hyperlinked.
Page 5 | Notice of Hearings
Courtesy copies of the Notice of Hearing and underlying motion must be provided at least three business days before a short-matter hearing.
The Court requires courtesy copies of the Notice of Hearing and the Motion to be heard for all short matter hearings at least three (3) business days before the hearing occurs.
Page 7 | Continuation – Circuit Civil Division 40 Procedures
Jury instructions and verdict forms must be delivered to the court on a USB flash drive with a courtesy copy of the Joint Final Pre-Trial Statement and must use Microsoft Word, 14-point Times New Roman, and double spacing.
Jury Instructions and Verdict Forms – delivered to Court with Courtesy Copy of Joint Final Pre-Trial Statement on USB flash drive. MS Word 14 pt. Times New Roman font. Double Spaced.
Page 1 | 12 Jury Instructions and Verdict Forms
Trial briefs must be provided to Judge Jordan's chambers at least ten days before the first day of trial.
Trial Briefs to be provided to Judge Jordan’s Chambers at least (10) days prior to the first day of trial period.
Page 1 | 8 Trial Briefs
For a continuance motion, counsel should email one courtesy copy of the filed motion to the Judicial Assistant.
The parties should submit courtesy copy to the Judicial Assistant via email (40Orange@ninthcircuit.org) of the filed Motion with a proposed Agreed Order for the Courts’ consideration.
Page 11 | 9. MOTION FOR CONTINUANCE
Trial briefs are optional, but if filed, one electronic copy must be delivered to Chambers at least five working days before trial.
Trial briefs are optional but if one is filed, an electronic copy for the Court shall be delivered to Chambers no less than five (5) working days before trial.
Page 5 | TRIAL BRIEFS
Pre-Motion Conference Requirements
Before a Motion in Limine is set for hearing, counsel—not support staff—must confer with opposing counsel by telephone or in person concerning every evidentiary matter raised.
Before setting Motions in Limine for hearing, counsel (not support staff), must meet either by telephone or in person and confer on each and every evidentiary matter addressed in the motion.
Page 1 | STANDING PROCEDURES FOR MOTIONS IN LIMINE
After three unsuccessful meet-and-confer or hearing-coordination attempts on separate business days, the moving party may unilaterally schedule a hearing at least 14 business days after the notice for non-evidentiary hearings or 35 days for evidentiary hearings, but must obtain Judicial Assistant email confirmation before filing the notice.
If a Party is not cooperating in the “meet and confer” requirement or coordinating in scheduling hearings after (3) three attempts (on separate business days), the moving Party may unilaterally schedule a hearing a minimum of 14 business days for non-evidentiary and 35 days for evidentiary hearings from the date of the Notice of Hearing. Counsel must obtain email confirmation from JA prior to filing any Notice of Hearing.
Page 3 | 1. MOTION PRACTICE: b. UNCOOPERATIVE OPPOSING SIDE
Parties must complete the required meet-and-confer process before filing a motion or notice of hearing, and noncompliance may result in striking or denial.
Parties must comply with the “meet and confer” requirement of Florida Rule of Civil Procedure 1.202(d) and Administrative Order No. 2012-03-01. Non- compliant motion or notice of hearing may be summarily stricken or denied by the Court, requiring resubmission of the motion, notice of hearing, or both.
Page 3 | 1. MOTION PRACTICE: a. MANDATORY MEET AND CONFER
The filing attorney must certify that an authorized lawyer had a substantive pre-hearing conversation with opposing counsel or the pro se defendant in a good-faith effort to resolve the motion, although no agreement was reached.
CERTIFICATE OF COMPLIANCE I IIEREBY CERTIFY that a lawyer in my firm with full authority to resolve this matter had a substantive conversation in person or by telephone with [opposing counsel] foro-se Defendant _ lina good faith effort to resolve this motion before the motion was noticed for hearing, but the parties were unable to reach an agreement
Page 1 | Option 1 - Good Faith Discussion
The meet-and-confer requirement excludes motions for injunctive relief without notice, judgment on the pleadings, summary judgment, and certain class-maintenance motions.
Excludes Motions (i) for Injunctive Reliefv,ithout Notice; (ii) for Judgment on the Pleadings; (iii) for Summary Judgment; ond (A b peculiarities of a Class Action
Page 1 | Excludes Motions
Opposing counsel may file a written response to the Motion in Limine memorandum within seven days.
Opposing counsel will have seven days to file a written response if they wish.
Page 1 | STANDING PROCEDURES FOR MOTIONS IN LIMINE
Adjournment & Extension Requirements
A short-matter request to extend time must be submitted before the originally prescribed period or any prior extension expires.
extensions of time for the performance of an act required or allowed to be done, provided that the request is made before the expiration of the period originally prescribed or extended by previous orders;
Page 6 | Ex Parte and Short Matter Hearings
Chambers Communication Rules
After coordinating hearing time, counsel must email the Judicial Assistant at 40Orange@ninthcircuit.org, include all parties, and obtain confirmation by email.
Once hearing time is coordinated, email the JA at 40Orange@ninthcircuit.org to secure the time and receive confirmation. All parties must be included when emailing the Judicial Assistant to avoid ex parte communications.
Page 8 | c. ALL HEARINGS
Parties must immediately email the judicial assistant about a settlement and file a Notice of Settlement signed by all parties within five business days.
The parties shall immediately notify the judicial assistant of a settlement by email at 40orange@ninthcircuit.org followed within five (5) business days by a filed Notice of Settlement signed by all parties.
Page 6 | 12. NOTIFICATION OF SETTLEMENT
Attorneys uncertain about a motion in limine order must seek clarification from the court before any witness testifies.
If unsure of any part of the Motion in Limine Order(s), attorneys shall seek clarification from Court before witness testifies.
Page 1 | 7 Motions in Limine
The completed pre-trial conference checklist must be emailed, not filed, no later than five days before the pre-trial conference.
Email (do not file) completed Checklist no later than 5 days before PTC
Page 1 | PRE-TRIAL CONFERENCE CHECKLIST AND ORDER CONTROLLING TRIAL
Settlement notice must be sent immediately to the judicial assistant at 40orange@ninthcircuit.org.
The parties shall immediately notify the judicial assistant of a settlement by email at 40orange@ninthcircuit.org followed within five (5) business days by a filed Notice of Settlement signed by all parties.
Page 5 | NOTIFICATION OF SETTLEMENT
The Judicial Assistant will not set hearing time by telephone, and the time remains unconfirmed until the Judicial Assistant sends confirmation by email.
The JA does not set hearing time over the phone. Your hearing time is not confirmed until you receive an email from the JA.
Page 8 | c. ALL HEARINGS
Parties planning to use audio or video trial equipment should contact the Orange Court Audio/Visual Department before trial.
If either party plans on using audio/video equipment for trial, suggest they contact the Orange Court Audio/Visual Dept. at 407-836-0522 or see http://www.ninthcircuit.org/services/technology-support before the day of trial.
Page 1 | 10 Audio/Video Equipment
Parties must contact the appropriate clerk's office to obtain evidence tags and instructions.
Contact the proper Clerk’s Office for evidence tags and instructions.
Page 1 | 2 Exhibits
After checking the clerk’s system, a party may email the Judicial Assistant, copying all parties, to inquire about an undocketed order after at least five business days for agreed orders or 14 days for other orders, and must include how and when the order was presented and the hearing date if applicable.
If the order in question has not been filed with the Clerk, then an email to the JA at 40Orange@ninthcircuit.org may be sent (including all parties on the email), allowing a minimum of five (5) business days for agreed orders and 14 days for all other orders. The following information shall be included in the email: 1) When and how the Order was presented to the Court (email; date and time) and 2) the date the hearing was held (if applicable).
Page 4 | 2. ORDERS: c. ORDERS WITHOUT AGREEMENT AFTER HEARING
Future pretrial conference and trial dates are available by email request to the judicial assistant.
Answer: The JA will provide future PTC and Trial dates upon emailed request.
Page 13 | Circuit Civil Division 40 Procedures
The court docket, counsel in cases heard before the court, or Judicial Assistant Cathy Stephens may be consulted regarding the tentative trial date.
Check Court Docket, Counsel on cases before you or Cathy Stephens, Judicial Assistant (40Orange@ninthcircuit.org).
Page 1 | Court Use Only