Judge Kevin B. Weiss
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Upon Filing
Filings > 50 pages
Motion, Notice Of Hearing
- 1 copy • Email
Motion, Supporting Memorandum, Case Law
- At Least 5 Business Days Before Hearing
Adjournments
- Every motion to continue must be written and signed by counsel and requesting parties, state opposing counsel's position and other requested continuances, propose when the parties will be ready for trial, comply with the cited rules, and include facts supporting the request.
- A stipulated motion to continue does not postpone trial unless and until the court reviews the motion and enters an order granting it.
- Until the court grants a continuance, attorneys and pro se parties must continue complying with the trial order.
Request must include
Communication
Chambers
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Phone
Court-wideChambers
Document Format Requirements2 rules
Courtesy copies sent to the Court should be submitted as PDF or Word files, not in a zip file or shared folder.
Copies sent to the Court should: A. Be sent in .pdf or Word (not in a zip file or shared folder);
Proposed agreed orders submitted to chambers must be in Word format.
Proposed agreed orders must be emailed to 36orange@ninthcircuit.org in Word format together with an e-filed cover letter signed by counsel confirming that opposing counsel agrees to the content and form of the order.
DOCX
Document Filing Requirements18 rules
A hearing request sent by email must state the case number, full case style, motions to be heard, coordinated date and time, and requested duration.
To secure hearing time, coordinate with opposing counsel, comply with the meet and confer requirement, then email 36orange@ninthcircuit.org with the following in the body of the email: Case No.: Full Case Style: Motion(s) to be heard: Date/Time Coordinated: Amount of time requested:
Document Type
Hearing Request Email
Every short-matter hearing must be noticed for 8:30 a.m.
All Short Matters MUST be noticed for 8:30 a.m.
Document Type
Notice Of Hearing
The short-matter hearing must be coordinated with the opposing party, or the notice of hearing must explain in detail why coordination did not occur and include written evidence of the coordination attempts.
Hearings must be coordinated with opposing party; failing that, the NOH must state a detailed reason for not coordinating the short matters hearing accompanied by any coordination attempts in writing.
Document Type
Notice Of Hearing
A notice of hearing must include a certificate confirming that the parties conducted a meet-and-confer conference on the motion.
The NOH shall contain a certificate of compliance that a meet and confer took place on the motion.
Document Type
Notice Of Hearing
The Court will hear only motions for which proper notice has been given.
THE COURT WILL ONLY HEAR MOTIONS THAT ARE PROPERLY NOTICED.
Document Type
Motion
A Notice of Hearing must include the Certificate of Compliance specified in Exhibit A of the Administrative Order.
Any Notice of Hearing filed with the Court must include a Certificate of Compliance as set forth in Exhibit A of the ===== PAGE 2 ===== Administrative Order.
Document Type
Notice Of Hearing
The Notice of Hearing must describe the parties’ efforts to coordinate the hearing.
Efforts to coordinate the hearing must be noted on the Notice of Hearing.
Document Type
Notice Of Hearing
An emergency-hearing motion must explain in its body both the circumstances establishing the emergency and the substance of the motion.
The body of the motion must contain a detailed explanation of the circumstances constituting the emergency as well as the substance of the motion.
Document Type
Motion
Every order must describe in its caption the subject and ruling of the court.
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)(2).
Document Type
Order
A Rule 1.380 motion to compel seeking attorney’s fees must include a certification of the conference or attempted conference and the unresolved dispute when filed.
If you are seeking attorney’s fees, you must, before filing a Motion to Compel pursuant to Fla. R. Civ. P 1.380, confer with counsel for the opposing party in a good-faith effort to resolve by agreement the issues raised, and shall file with the court at the time of filing of the motion, a statement certifying that counsel has conferred or attempted to confer with opposing counsel and that counsel have been unable to resolve the dispute.
Document Type
Motion To Compel
Every motion to compel and discovery motion must include certification of a good-faith attempt to resolve the matter without court action and otherwise comply with the Florida Rules of Civil Procedure.
Motions to compel, as well as all discovery motions, must comply with the Florida Rules of Civil Procedure including, but not limited to, a certification of a good faith attempt to resolve the matter without court action.
Document Type
Discovery Motion
A discovery matter must be raised by filing a motion and setting it for hearing; filing an objection alone is insufficient.
The mere filing of an Objection, Motion to Compel or Motion for Protective Order is insufficient. A Motion must be filed and set for hearing to bring the matter to the Court’s attention.
Document Type
Discovery Motion
A dismissal or judgment covering all defendants and claims is required to close the case.
A dismissal or judgment as to all defendants/claims is required.
Document Type
Dismissal Or Judgment
For short matters, the Court accepts only the filed motion and any response as hearing materials.
The Court DOES NOT accept hearing materials for short matters, other than any filed motion and response to the motion.
Document Type
Hearing Materials
Counsel must notify the court when submitting a proposed order of any objection to or agreement on its form.
Counsel must advise the Court of any objection to, or agreement on, the form of the proposed order when the order is submitted.
Document Type
Proposed Order
Absent a written objection from the opposing party, the court will rule on the discovery motion in chambers without a hearing.
Unless there is a written objection by the opposing party, no hearing will be necessary and the Court will rule in chambers.
Document Type
Discovery Motion
When initial discovery requests receive no timely response or objection, the moving party may submit a proposed order, with stamped addressed envelopes when necessary, 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 (including stamped addressed envelopes where necessary) with the Motion.
Document Type
Proposed Order
When the client consents and the opposing party has no objection, the withdrawing party may submit the motion to withdraw and a proposed order to the Court.
If the client consents to the motion and the opposing party does not have an objection, the withdrawing party may submit the motion and proposed order to the Court.
Document Type
Motion
Filing & Service rules
Electronic Filing Rules
All hearing materials must be submitted by email, with opposing counsel copied.
All hearing materials must be submitted electronically via email, with opposing counsel copied.
Page 1 | EX PARTE/SHORT MATTERS
A proposed agreed order must be accompanied by a counsel-signed cover letter filed electronically and confirming that opposing counsel agrees to the order's content and form.
Proposed agreed orders must be emailed to 36orange@ninthcircuit.org in Word format together with an e-filed cover letter signed by counsel confirming that opposing counsel agrees to the content and form of the order.
Page 5 | ORDERS AND RULINGS
Filing Timing and Cure Windows
A copy of the filed notice of hearing and motion must be emailed to the judicial assistant at least two days before the hearing or the motion will not be addressed.
No coordination with the JA is needed, but you MUST submit copy of filed Notice of Hearing (NOH) & Motion at Least 2 days before hearing date via email at 36orange@ninthcircuit.org; otherwise, the Court WILL NOT address your motion.
Page 1 | EX PARTE/SHORT MATTERS
A requested proposed order must be submitted to the court within seven days of the hearing, with a copy to opposing counsel.
Submitted to the Court within seven (7) days of the hearing, with a copy to opposing counsel.
Page 5 | ORDERS AND RULINGS
Counsel asked to prepare an order should draft and circulate it within three working days.
If counsel are asked to prepare an order, the order should be: A. Drafted and circulated within three (3) working days, and
Page 5 | ORDERS AND RULINGS
Service and Proof of Service Rules
Opposing counsel must be copied on the email used to submit hearing materials.
All hearing materials must be submitted electronically via email, with opposing counsel copied.
Page 1 | EX PARTE/SHORT MATTERS
The attorney noticing an ex parte or short-matter hearing must provide the opposing party at least five days' notice.
The attorney noticing the hearing must provide at least five (5) days’ notice to the opposing party.
Page 2 | EX PARTE AND SHORT MATTERS
Opposing counsel or the pro se party must be copied on all correspondence sent to the Court.
Opposing counsel or pro se party must be copied on any correspondence to the Court.
Page 4 | MISCELLANEOUS ISSUES RE: HEARINGS
The proposed order's certificate of service must comply with the Rules of Civil Procedure.
Certificate of Service: Please be sure that the certificate of service on the proposed Order complies with the Rules of Civil Procedure.
Page 5 | ORDERS AND RULINGS
Courtesy Copy Requirements
One courtesy copy of the filed notice of hearing must be emailed to the judicial assistant to secure the hearing timeslot.
A courtesy copy of the filed NOH must be emailed to the JA to secure timeslot.
Page 2 | Hearings (other than short matters)
An electronic courtesy copy of the motion and notice of hearing, including Webex or in-person information, must be emailed to the judge at least two business days before the hearing; the email must include the case number, style, and hearing date and time.
An electronic courtesy copy of the motion and notice of hearing (with the WEBEX LINK or in-person information) must be provided to the judge at least two (2) business days before the hearing. Courtesy copies (in .pdf or Word format) of the motion and notice of hearing shall be provided by email to 36orange@ninthcircuit.org. The email is to include the case number, style and date/time of the hearing.
Page 2 | EX PARTE AND SHORT MATTERS
Courtesy copies exceeding 50 pages must be sent by U.S. mail or hand-delivered to the Judicial Assistant.
B. Copies over 50 pages are required to be provided via U.S Mail or hand delivered to the JA.
Page 4 | COURTESY COPIES REQUIRED
Failure to provide the required courtesy copies may result in cancellation of the hearing.
Failure to provide courtesy copies may result in the hearing being cancelled.
Page 4 | COURTESY COPIES REQUIRED
Motions, supporting memoranda, and case law must reach chambers by email or hard copy at least five business days before the hearing, and opposing counsel or the pro se party must receive the same information.
Motion(s), supporting memoranda and/or case law to be heard must be received, by email or hard copy to chambers at least five (5) business days prior to the hearing to ensure an opportunity for the Court to review. Please copy opposing counsel or pro se party with the same information provided to the Court.
Page 4 | COURTESY COPIES REQUIRED
A proposed agreed order must be emailed to the court in Word format with a signed, electronically filed cover letter confirming opposing counsel's agreement to the order's content and form.
Proposed agreed orders must be emailed to 36orange@ninthcircuit.org in Word format together with an e-filed cover letter signed by counsel confirming that opposing counsel agrees to the content and form of the order.
Page 5 | ORDERS AND RULINGS
A motion for rehearing, reconsideration, or new trial must be accompanied by a proposed order and sent directly to chambers upon filing because the clerk does not provide filings to the court.
Upon filing said motion, you are required to send a copy of the motion with a proposed order, directly to chambers for review, as the Clerk does not provide them to the Court.
Page 5 | MOTIONS
Opposing counsel or the pro se party must receive a copy containing the same information provided to the Court.
Please copy opposing counsel or pro se party with the same information provided to the Court.
Page 4 | COURTESY COPIES REQUIRED
Pre-Motion Conference Requirements
Before scheduling a hearing on a motion, counsel must review and comply with Ninth Judicial Circuit Administrative Order No. 2012-03-01 to attempt to resolve or narrow the motion's issues.
Please review and comply with Ninth Judicial Circuit Administrative Order No. 2012-03-01 before scheduling a hearing on a motion, in order to attempt to resolve or otherwise narrow the issues raised in the motion.
Page 1 | MANDATORY MEET AND CONFER PROCESS
Before filing a Rule 1.380 motion to compel for attorney’s fees, counsel must confer or attempt to confer with opposing counsel in good faith and file a certification that the dispute remains unresolved.
If you are seeking attorney’s fees, you must, before filing a Motion to Compel pursuant to Fla. R. Civ. P 1.380, confer with counsel for the opposing party in a good-faith effort to resolve by agreement the issues raised, and shall file with the court at the time of filing of the motion, a statement certifying that counsel has conferred or attempted to confer with opposing counsel and that counsel have been unable to resolve the dispute.
Page 6 | ATTORNEY’S FEES IN DISCOVERY DISPUTES
Adjournment & Extension Requirements
Every motion to continue must be written and signed by counsel and requesting parties, state opposing counsel's position and other requested continuances, propose when the parties will be ready for trial, comply with the cited rules, and include facts supporting the request.
All Motions to Continue must (1) be in writing; (2) be signed by the attorney and the parties requesting same; (3) identify the position of opposing counsel on the motion; (4) indicate any other continuances that have been sought and or granted or denied; (5) set forth when the parties will be ready for trial, if granted; (6) comply with Fla. R. Civ. P. 1.460 and Fla. R. Jud. Admin 2.545(e) and (7) MUST contain facts upon which the Court can grant the motion.
Page 6 | MOTIONS TO CONTINUE
Until the court grants a continuance, attorneys and pro se parties must continue complying with the trial order.
The attorneys or pro se parties must comply with the requirements in the trial order until the Court grants a continuance of the trial.
Page 6 | MOTIONS TO CONTINUE
A stipulated motion to continue does not postpone trial unless and until the court reviews the motion and enters an order granting it.
Stipulated Motions to Continue will not result in the trial being continued unless and until the Court reviews the motion and enters an order on same.
Page 6 | MOTIONS TO CONTINUE
Chambers Communication Rules
For hearings other than short matters, the judicial assistant must confirm the hearing before the parties may file the notice of hearing.
Hearings (other than short matters) MUST be confirmed by the Judicial Assistant BEFORE parties are allowed to file a Notice of Hearing (NOH).
Page 2 | Hearings (other than short matters)
Only the party that originally set a hearing may cancel it.
Please note that only the party setting the hearing may cancel the hearing.
Page 3 | MISCELLANEOUS ISSUES RE: HEARINGS
After coordinating with all parties, counsel must email the Judicial Assistant, copy opposing counsel or the pro se litigant, and include the stated hearing-request information.
After coordinating the date and time with all counsel/parties, you must contact the Judicial Assistant by e-mail at 36orange@ninthcircuit.org, copying opposing counsel/pro se litigants, for the hearing to be added to the docket. The emailed hearing request must include:
Page 3 | HEARINGS OTHER THAN EX PARTE/SHORT MATTERS
When a hearing is cancelled less than four hours beforehand and the Judge’s office has not been confirmed as informed, counsel or counsel’s representative must appear to inform the Judge.
If the hearing is cancelled less than 4 hours beforehand, and counsel cancelling the hearing has not been able to confirm the Judge’s office has been informed, counsel shall appear or have someone appear on counsel’s behalf to so inform the Judge.
Page 4 | MISCELLANEOUS ISSUES RE: HEARINGS
The cancelling party must email the Judicial Assistant a copy of the Notice of Cancellation filed with the clerk; clerk filing alone is insufficient.
Email the Judicial Assistant with a copy of the Notice of Cancellation that has been filed with the Clerk (filing the Notice of Cancellation with the Clerk is not sufficient as the Clerk does not notify the Court).
Page 4 | MISCELLANEOUS ISSUES RE: HEARINGS
If the parties cannot agree on an order's form, both sides must email their proposed Word-format orders to the court within seven days and copy all parties.
If the parties are unable to agree on the form of the order, both sides shall email their proposed Order in Word format to the Court for consideration within the seven (7) days. All parties must be copied on all email submissions.
Page 5 | ORDERS AND RULINGS
The Court must be notified immediately by email of any settlement or resolution of a matter or parties on the trial docket.
The Court must be notified immediately at 36orange@ninthcircuit.org of any settlement or resolution of any matter or of any parties to any matter, on the trial docket.
Page 7 | SETTLEMENT / MOTION TO REMOVE FROM TRIAL DOCKET
A hearing request longer than one hour requires Judge Weiss's approval through a short-matters appearance or a letter explaining the need for additional time; the letter may be emailed to chambers.
Any hearing requests for longer than 1 hour must be approved by Judge Weiss either by appearing during short matters or by letter to the Judge detailing the reasons for the additional time. The letter may be emailed to 36orange@ninthcircuit.org.
Page 2 | HEARINGS OTHER THAN EX PARTE/SHORT MATTERS
Cross-noticed motions require prior approval from opposing counsel and the Judicial Assistant; if permitted, counsel must email the Judicial Assistant to address hearing-time availability.
Please do not cross-notice motions without prior approval of opposing counsel and the Judicial Assistant. If permitted, counsel must email the JA to confirm it can be heard in the same time frame or that sufficient additional time is available for all matters to be heard.
Page 3 | MISCELLANEOUS ISSUES RE: HEARINGS
To inquire about a proposed order, counsel or a pro se party must first check the clerk's online system and may email the judicial assistant only if the order is not docketed.
To check the status of a specific proposed order to see if a ruling has been issued by the Judge, you should first check the clerk’s online system to check if one has been docketed. If the order is not found, counsel or pro se party may send an email inquiry to the JA at 36orange@ninthcircuit.org.
Page 5 | ORDERS AND RULINGS
Counsel may email the Court about uncovered hearing-procedure matters, copying opposing counsel and unrepresented parties.
If any matters concerning the conduct of the division’s hearing procedures are not covered herein, counsel may contact the Court by email at 36orange@ninthcircuit.org, with a copy to opposing counsel and unrepresented parties.
Page 8 | INFORMATION NOT COVERED