Ninth Judicial Circuit of Florida, Orange and Osceola Counties Document Filing Requirements

Applies to

Proposed order

When neither party requests a bond hearing, defense counsel must send a proposed order in Word format with the motion by email to the Judicial Assistant.

If neither party is requesting a hearing on a bond motion, defense counsel shall send a proposed order in Word format with the motion to 15orange@ninthcircuit.org.

Applies to

Written submission

When a bond motion is requested to be resolved without a hearing in a case involving an alleged victim, the State must submit the alleged victim's position or confirm that the victim does not wish to be heard.

If defense counsel requests resolution of a bond motion without a hearing in a case with an alleged victim, the State must, in a written submission, (i) provide the alleged victim’s position on the request, or (ii) confirm that the alleged victim has indicated that he or she does not wish to be heard on the issue.

Applies to

Writ of habeas corpus ad prosequendum

Must include

proposed order

When a defendant in federal custody must attend a proceeding, the Assistant State Attorney must submit a proposed writ of habeas corpus ad prosequendum.

The Assistant State Attorney shall submit a proposed writ of habeas corpus ad prosequendum when the presence of a defendant in federal custody is required for a proceeding.

Applies to

Hearing request

A hearing request must state the case number and style, identify the motions and filing dates, attach a file-stamped motion, state the requested duration and opposing counsel's position if available, identify any virtual-attendance request, and provide the pretrial date.

The hearing request must include: Case number and style Title of the motion(s) to be heard and the date the motion was filed File-stamped copy of the motion attached Amount of time requested for the hearing Position of opposing counsel, if available, or confirmation that a conferral attempt was made without response Any request for virtual attendance Pretrial date

Applies to

Notice of hearing

After receiving hearing confirmation from the Judicial Assistant, the movant must file a notice of hearing.

The movant must file a notice of hearing after the hearing confirmation is received from the Judicial Assistant.

Applies to

Motion

Counsel may appear by videoconference at an evidentiary proceeding only after filing a motion and obtaining an order permitting the remote appearance.

For evidentiary proceedings, counsel may appear by videoconference only upon filing a motion and obtaining an order allowing the remote appearance.

Applies to

Motion

Remote witness testimony requires a motion and an order complying with Florida Rule of Criminal Procedure 3.116(d).

Testimony by videoconference requires a motion and order in accordance with Florida Rule of Criminal Procedure 3.116(d).

Applies to

Transport order

Must include

proposed order

When a defendant in another county's custody must attend a proceeding, the Assistant State Attorney must submit a proposed transport order.

The Assistant State Attorney shall submit a proposed transport order when the presence of a defendant in the custody of another county is required for a proceeding.

Applies to

Motion for virtual appearance

A virtual appearance by a witness or party requires a filed motion, a finding of good cause, and an order from the court.

If there is a need for a witness or party to appear virtually, a motion must be filed, good cause found, and an order entered by the Court.

Applies to

Proposed order granting virtual appearance

The proposed order granting a virtual appearance must include the court's Division 3 WEBEX link.

Virtual appearances will be through the Court’s Division 3 WEBEX link which must be included in the proposed Order Granting Virtual Appearance submitted to the Court.

Applies to

Affidavit of indigency and address form

Each parent or prospective parent must complete the Affidavit of Indigency and Address Form to determine eligibility for appointed counsel, or complete it at the parent's first appearance if absent from the shelter hearing.

Affidavits of Indigency and Address Forms will be available in the courtrooms and must be completed by each parent/prospective parent who appears for court to decide as to eligibility for court appointed counsel. If the parent is not present for the shelter hearing, then the Affidavit of Indigency and Address Form must be completed at the first hearing for which the parent appears.

Applies to

Witness list

A compliant witness list must be filed by the pretrial conference for a case noticed for trial.

The Court expects that when a case is noticed for trial at the pretrial conference that the file is complete (i.e. UCCJEA, Putative Father Registry, Birth Certificates, Publication etc.) discovery is complete, witness and exhibit lists in compliance with the Juvenile Rules of Procedure are filed, and witness availability has been verified.

Applies to

Motion

A motion must be filed with the clerk and be viewable before requesting hearing time.

All motions must be filed with the Clerk’s office and viewable before hearing time can be requested.

Applies to

Hearing request

A hearing-time request must state the case number and style, title of the petitions or motions, requested hearing duration, and whether the hearing is evidentiary or non-evidentiary.

The hearing request must include: 1- Case number and style of the case 2-Title of the petition(s)/motion(s) to be heard 3-Amount of time requested for the hearing 4-Evidentiary or Non-Evidentiary.

Applies to

Notice of cancellation

An immediate notice of intent to cancel must be given to the judicial assistant, and a Notice of Cancellation must be filed with all parties copied.

Additionally, the Judicial Assistant must be advised immediately of the intent to cancel, and a Notice of Cancellation must be filed copying all parties.

Applies to

Notice of hearing

A hearing notice must include the exact motion title, the motion's filing date, and the time allotted for the hearing.

For a hearing scheduled through the Judicial Assistant, all notices must include the exact title, filing date of the motion being addressed, and the time set aside for the hearing.

Applies to

Proposed order

Must include

proposed order

Proposed orders for advisory, arraignment, and judicial-review hearings must be submitted through the Division 03 email address.

Proposed Orders for Advisory, Arraignment and Judicial Review hearings must be submitted via Division 03 email.

Applies to

Order of withdrawal

Every order withdrawing counsel of record must include the client's address for service of papers and telephone number.

(B) Every order of withdrawal as counsel of record must contain an address for service of papers upon, and telephone number for, the client.

Applies to

Notice of hearing

Must include

certificate of conference

Counsel scheduling a hearing must include an Exhibit A certificate of compliance in the notice of hearing certifying that the required conference occurred.

Counsel with full authority to resolve the matter shall confer before scheduling the hearing on the motion to attempt to resolve or otherwise narrow the issues raised in the motion, and include a certificate of compliance (attached hereto as “Exhibit A”) that the conference has occurred in the notice of hearing filed with the court.

Applies to

Notice of hearing

Must include

certificate of conference

When three good-faith attempts to arrange the conference are unsuccessful, the scheduling counsel must list the dates and times of those attempts in the certificate of compliance.

If counsel who notices the hearing is unable to reach opposing counsel to conduct the conference after three (3) good faith attempts, counsel who notices the hearing must identify in the certificate of compliance the dates and times of the efforts made to contact opposing counsel.

Applies to

Notice of hearing

Must include

certificate of conference

The notice of hearing must include a compliance certificate stating whether the conference occurred, documenting unsuccessful attempts when applicable, and identifying the conference date, participating attorneys, and specific results.

Counsel shall include in the notice of hearing the certificate of compliance certifying that the meet and confer occurred (or did not occur and setting out the good faith attempts to schedule the conference) and identifying the date of the conference, the names of the participating attorneys, and the specific results obtained.

Applies to

Motion

Must include

certificate of conference

As the first option, the noticing party must provide a signed certificate of compliance stating that an authorized lawyer had a substantive pre-hearing conference with opposing counsel and could not resolve the motion.

I HEREBY 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 in a good faith effort to resolve this motion before the motion was noticed for hearing but the parties were unable to reach an agreement.

Applies to

Motion

Must include

certificate of conference

As the second option, the noticing party must provide a signed certificate of compliance documenting three good-faith attempts to contact opposing counsel about resolving the motion without a hearing.

I HEREBY CERTIFY that a lawyer in my firm with full authority to resolve this matter attempted in good faith to contact opposing counsel in person or by telephone on: 1. (Date) at (Time) ; 2. (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 opposing counsel.

Applies to

Certificate of completion

Each party must file a parenting-course certificate of completion before entry of final judgment.

Each party to a paternity action shall file a certificate of completion of the course with the Court prior to the entry of the final judgment.

Applies to

Pleading

Every pleading must identify where the opposing party or opposing counsel was sent the pleading.

Every pleading must include where the opposing party/opposing counsel was sent the pleading.

Applies to

Notice of hearing

Must include

certificate of conference

Every notice of hearing must include the meet-and-confer certification in the form prescribed by Administrative Order No. 2014-25-02, as amended.

All Notices for Hearing must contain a meet-and-confer certification in the form required by Administrative Order No. 2014-25-02 (as may be amended).

Applies to

Notice of hearing

Must include

certificate of conference

An attorney must make a good-faith effort to coordinate the date and time with opposing counsel before scheduling a hearing, conference, or deposition and must certify that effort on the notice of hearing.

When setting hearings, conferences, and depositions, an attorney may not schedule any matter without first making a good faith effort to coordinate the date and time with opposing counsel’s office and certifying on the notice of hearing that a good faith effort has been made with opposing counsel to resolve the issues of the motion.

Applies to

Certificate of completion

Each party must file a parenting-course certificate of completion before entry of final judgment.

Each party to a paternity action shall file a certificate of completion of the course with the Court prior to the entry of the final judgment.

Applies to

Pleading

Every pleading must identify where the opposing party or opposing counsel was sent the pleading.

Every pleading must include where the opposing party/opposing counsel was sent the pleading.

Applies to

Notice of hearing

Must include

certificate of conference

Every notice of hearing must include the meet-and-confer certification in the form prescribed by Administrative Order No. 2014-25-02, as amended.

All Notices for Hearing must contain a meet-and-confer certification in the form required by Administrative Order No. 2014-25-02 (as may be amended).

Applies to

Notice of hearing

Must include

certificate of conference

An attorney must make a good-faith effort to coordinate the date and time with opposing counsel before scheduling a hearing, conference, or deposition and must certify that effort on the notice of hearing.

When setting hearings, conferences, and depositions, an attorney may not schedule any matter without first making a good faith effort to coordinate the date and time with opposing counsel’s office and certifying on the notice of hearing that a good faith effort has been made with opposing counsel to resolve the issues of the motion.

Applies to

Proposed order

When parties disagree about a proposed order, each party must email the judicial assistant a proposed order in Word format.

If parties are in disagreement of the proposed order, each shall e-mail to the Judicial Assistant a proposed order in Word format.

Applies to

Motion

A request to use communication technology for an appearance must be made by motion.

Requests to use communication technology for an appearance must be made by motion.

Applies to

Notice of hearing

Remote-hearing notices must list the judicial Webex credentials, and every notice of hearing must contain the specified ADA notification.

A notice of hearing involving any remote appearance must list the judicial Webex credentials. All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Applies to

Proposed order

Every proposed order must include a cover letter that either certifies agreement or identifies any party disagreement.

All proposed orders must be accompanied by a 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.

Applies to

Final judgment

A proposed final judgment must be accompanied by all other applicable supporting documents.

A Proposed Final Judgment must be accompanied by any/all other applicable documents that go along with the proposed Final Judgment (i.e, Marital Settlement Agreement (MSA), Motion Waiver Requesting Ex Parte FJ, Vital Statistics, FJ Checklist, Answer & Waiver and Final Disposition Form).

Applies to

Order

Orders must include a copy of the motion and proof of the opposing party's agreement in a cover letter.

Orders must be accompanied by a copy of the Motion, and proof of opposing party’s agreement in a cover letter.

Applies to

Qdro

Each qualified domestic relations order must include the signature consent of every litigant.

QDROs must be accompanied by the signature consent of each litigant.

Applies to

Remote witness preparation

The party calling a remotely appearing witness must ensure the witness has functioning audiovisual equipment and has tested the internet connection before the hearing.

If a witness is permitted to appear remotely, the party calling the witness must ensure the witness has a functioning camera and microphone and has tested the internet connection before the hearing.

Applies to

Emergency motion

An emergency-hearing motion must detail the issues to be resolved, why emergency relief is necessary, and the time needed for each party's presentation.

If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed specifically including: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

Applies to

Emergency motion

The body of an emergency motion must explain in detail the circumstances establishing the emergency and the requested relief.

The body of the emergency motion must contain a detailed explanation of the circumstances constituting the emergency and the relief sought.

Applies to

Emergency motion

Unless there is good cause, the filing party must verify every emergency motion.

Absent good cause, all emergency motions must be verified by the party filing the motion.

Applies to

Joint pretrial statement

Must include

certificate of service

The Joint Pretrial Statement must contain a certificate of service.

CERTIFICATE OF SERVICE

Applies to

Remote appearance motion

Must include

proposed order

A motion and proposed order are required to request a remote appearance for an evidentiary hearing or a hearing longer than 30 minutes.

Where the hearing is evidentiary in nature or will last more than 30 minutes, a Motion and Proposed Order is required in accordance with Florida Rule of Criminal Procedure 3.116(d).

Applies to

Proposed transport order

Must include

proposed order

When a defendant is in custody in another Florida county, the State must submit a proposed transport order.

The State shall submit a proposed transport order when the Defendant is in custody in another Florida county.

Applies to

Writ of habeas corpus ad prosequendum

When a defendant is in federal custody, the State must submit a proposed writ of habeas corpus ad prosequendum and make reasonable efforts to communicate with the appropriate authorities to ensure transport.

Where the Defendant is in federal custody, the State shall submit a proposed Writ of Habeas Corpus ad Prosequendum and make all reasonable efforts to communicate with the appropriate authorities to ensure the Defendant’s transport.

Applies to

Joint pretrial statement

Both attorneys must sign the Joint Pretrial Statement or indicate that a signature could not be obtained.

Both Attorneys must sign (or indicate where unable to obtain signature):

Applies to

Motion

Must include

proposed order

An email requesting hearing time on a motion must attach the e-filed motion and a proposed order.

When requesting hearing time on a Motion, the e-filed copy of the Motion and a proposed Order must be attached to the email requesting hearing time.

Applies to

Notice of hearing

The Notice of Hearing must state the hearing address and courtroom.

The Notice of Hearing must include the address and Courtroom where the hearing shall take place.

Applies to

Notice of hearing

A Notice of Hearing for a remote appearance must include the judge's WebEx link.

A notice of hearing with a remote appearance must list the judge’s WebEx link: https://ninthcircuit.webex.com/meet/11osceola

Applies to

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.

Applies to

Motion

Must include

proposed order

When requesting a hearing time, the proposed order should accompany the motion where possible.

Proposed orders must be submitted with the Motion when requesting a hearing time, where possible.

Applies to

Email request

Must include

proposed order

The email requesting consideration of an unopposed motion must state that the motion is unopposed and request a ruling in chambers.

Advise in your email that the Motion is unopposed, and you request a ruling in Chambers.

Applies to

Emergency hearing motion

A motion requesting an emergency hearing must provide a factual basis, identify the issues, explain the need for emergency relief, and state the time needed for each party’s presentation.

If a party believes there is a factual basis for setting an emergency hearing, file a detailed motion, setting forth the following: (1) the issues to be resolved, (2) why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

The State must provide a Score Sheet and advise the Court of any plea offer or of the absence of a conveyed offer at all plea conferences and pleas.

The State shall provide a Score Sheet at all plea conferences and pleas, advise the Court of the plea offer, or that a plea offer was not conveyed.

Applies to

Plea

Any basis for a downward departure must be stated on the record when the plea occurs.

Any basis for downward departure shall be stated on the record at the time of the plea.

Applies to

Pretrial detention motion

A pretrial-detention motion must be in writing and identify with particularity the grounds, essential facts, and specific statutory subdivision relied upon.

A motion for pretrial detention shall be in writing and shall set forth with particularity the grounds and the essential facts on which it is based, identifying the specific subdivision(s) of Fla. Stat. § 907.041(5) relied upon.

Applies to

Proposed order

Must include

proposed order

When the State and defense reach an agreement, they must submit a proposed order for possible chambers action.

If the State and Defense reach an agreement, they shall notify the judicial assistant and submit a proposed Order so the Court may consider acting in chambers.

Applies to

Motion

Must include

proposed order

When requesting a hearing time, the proposed order should accompany the motion where possible.

Proposed orders must be submitted with the Motion when requesting a hearing time, where possible.

Applies to

Email request

Must include

proposed order

The email requesting consideration of an unopposed motion must state that the motion is unopposed and request a ruling in chambers.

Advise in your email that the Motion is unopposed, and you request a ruling in Chambers.

Applies to

Emergency hearing motion

A motion requesting an emergency hearing must provide a factual basis, identify the issues, explain the need for emergency relief, and state the time needed for each party’s presentation.

If a party believes there is a factual basis for setting an emergency hearing, file a detailed motion, setting forth the following: (1) the issues to be resolved, (2) why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

The State must provide a Score Sheet and advise the Court of any plea offer or of the absence of a conveyed offer at all plea conferences and pleas.

The State shall provide a Score Sheet at all plea conferences and pleas, advise the Court of the plea offer, or that a plea offer was not conveyed.

Applies to

Plea

Any basis for a downward departure must be stated on the record when the plea occurs.

Any basis for downward departure shall be stated on the record at the time of the plea.

Applies to

Pretrial detention motion

A pretrial-detention motion must be in writing and identify with particularity the grounds, essential facts, and specific statutory subdivision relied upon.

A motion for pretrial detention shall be in writing and shall set forth with particularity the grounds and the essential facts on which it is based, identifying the specific subdivision(s) of Fla. Stat. § 907.041(5) relied upon.

Applies to

Proposed order

Must include

proposed order

When the State and defense reach an agreement, they must submit a proposed order for possible chambers action.

If the State and Defense reach an agreement, they shall notify the judicial assistant and submit a proposed Order so the Court may consider acting in chambers.

Applies to

Notice of hearing

Must include

local rule certificate

Counsel with settlement authority must confer before scheduling the hearing and include a Certificate of Compliance in the Notice of Hearing filed with the Court.

Counsel with full authority to resolve the matter shall confer before scheduling the hearing on the motion to attempt to resolve or otherwise narrow the issues raised in the motion and include a Certificate of Compliance in the Notice of Hearing filed with the Court.

Applies to

Proposed order

Proposed orders must include the referenced service-related language.

Please ensure your proposed orders include this language.

Applies to

Motion

Must include

caption, case number

A pro se motion must include a proper caption and case number, along with the other listed identifying and contact information.

Make sure the Motion has a proper caption, case number, date, your mailing address, phone number, email address, printed name and signature.

Applies to

Hearing request

The emailed hearing request to the Judicial Assistant must include the date and time of the meet-and-confer conference.

The emailed hearing request to the JA must include all of the following: i. Date and time of the “meet and confer” conference

Applies to

Discovery motion

A discovery hearing may not be set unless a motion addresses the specific requests and objections at issue.

Hearings shall not be set on discovery objections without a motion addressing the specific requests and objections at issue as set forth below.

Applies to

Discovery motion

A discovery motion must identify the disputed requests or objections, explain why they are improper, and attach the relevant discovery materials.

Discovery motions must identify the specific requests and objections that are in dispute, explain why the movant believes those requests or objections are improper, and attach the requests, responses, or objections at issue.

Applies to

Discovery motion

Must include

local rule certificate

Every discovery motion must certify a good-faith attempt to resolve the dispute without court action and comply with the applicable rules and administrative orders.

All discovery motions must comply with the Florida Rules of Civil Procedure and Administrative Orders governing this division, including, but not limited to, the requirement of certifying a good faith attempt to resolve the matter without court action.

Applies to

Proposed order

Must include

proposed order

The proposed order may only compel a discovery response within 10 days, must be accompanied by a cover letter, and must be sent contemporaneously with the letter to all other parties.

The proposed order shall only compel a response within 10 days and shall not grant any other form of relief. The proposed order shall also be accompanied by a cover letter, and both the letter and order shall be contemporaneously sent to all other parties.

Applies to

Cover letter

The proposed order must be accompanied by a cover letter, and both documents must be sent contemporaneously to every other party.

The proposed order shall also be accompanied by a cover letter, and both the letter and order shall be contemporaneously sent to all other parties.

Applies to

Hearing notice

Must include

certificate of conference

A motion in limine may not be scheduled unless its hearing notice certifies a good-faith attempt to resolve each point without court action and identifies the disputed points.

The Motion in Limine may not be scheduled for a hearing unless the hearing notice contains a certification of a good faith attempt to resolve the matter without court action as to each point. The hearing notice must identify the specific points in dispute.

Applies to

Notice of hearing

A notice of hearing for a remote appearance must include the judicial Webex credentials.

A notice of hearing involving any remote appearance must list the judicial Webex credentials.

Applies to

Notice of hearing

Every notice of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540 found below.

Applies to

Notice of hearing

Every notice of hearing must include a substantially compliant good-faith certification, or the hearing will be cancelled.

All Notices of Hearing must contain a good faith certification in substantial compliance with the following or the hearing shall be cancelled:

Applies to

Proposed order

The proposed order and certificate of service must identify each recipient of the pleadings by name, address, telephone number, and e-mail address.

The body of the proposed order and certificate of service must include the name, address, telephone number and e-mail address of the party to whom the pleadings will be sent.

Applies to

Proposed order

Must include

proposed order

A proposed order must be drafted.

Draft a proposed Order.

Applies to

Discovery motion

Must include

certificate of conference

Before filing a discovery motion for attorney fees, counsel must confer in good faith and file a certification that the parties conferred but could not resolve the dispute.

If you are seeking attorney fees you must, before filing a Motion to Compel pursuant to Rule 1.380, Florida Rules of Civil Procedure, or a Motion for a Protective Order, as provided in Rule 1.280(c), Florida Rules of Civil Procedure, confer with counsel for the opposing party in a good-faith effort to resolve by agreement the issues raised, and shall file with the court at the time of filing of the motion a statement certifying that he/she has conferred with opposing counsel and that counsel have been unable to resolve the dispute.

Applies to

Supporting documentation

Supporting documents such as an original will, codicil, or self-proving affidavit must be delivered to the Clerk.

Supporting documents must be delivered to the clerk, i.e. original will, codicil, self-proving affidavits, etc.

Applies to

Proposed order

Required supporting documentation or affidavits that are not docketed with the Clerk must be attached to the proposed order.

In submitting Proposed Orders, please attach a courtesy copy of the motion, if applicable, and any required supporting documentation or affidavits if NOT docketed with the Clerk.

Applies to

Proposed order

Must include

certificate of service

A proposed order must contain the specified Certificate of Service language and, when necessary, a certificate of service filed within three business days.

Please ensure any proposed orders submitted to the Court contain the following language in the Certificate of Service section: CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court by using the Florida Courts E-Filing Portal System. Accordingly, a copy of the foregoing is being served on this day to all attorney(s)/interested parties identified on the ePortal Electronic Service List, via transmission of Notices of Electronic Filing generated by the ePortal System. Movant is responsible for serving any party not participating in electronic filing and then filing a certificate of service within three (3) business days of this Order.

Applies to

Case law

A courtesy copy of case law must include a table of authority.

Courtesy copies of case law must include a table of authority.

Applies to

Emergency hearing motion

A request for an emergency hearing must be made by a detailed motion stating the issues, reasons for emergency treatment, and time needed for each party’s presentation.

If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

Applies to

Joint pretrial statement

Must include

statement of facts

The Joint Pretrial Statement must address trial statements, admitted facts, factual and legal issues, witnesses, exhibits and objections, evidentiary stipulations, peremptory challenges, jury-panel needs, trial duration, damages, lead counsel, pending motions, and requested judicial notice.

The Joint Pretrial Statement must contain the following: 1. A statement of the case to be read to the jury at the beginning of voir dire. 2. A statement of admitted facts that may be read at trial as a stipulation of counsel. 3. A statement of the issues of fact to be tried. 4. A statement of the unresolved issues of law, procedure or evidence. 5. Each party’s witness list. 6. Each party’s schedule of exhibits with objections. 7. Any stipulation on evidentiary matters specifying the applicable matters to which such stipulation applies, e.g., authenticity, hearsay exceptions, etc. 8. The number of peremptory challenges available to each party. 9. An estimate of the number of jurors requested for the venire panel and a statement regarding the necessity of any jury panel in excess ===== PAGE 16 ===== of 22 venirepersons. 10. A current estimate of the number of days (to include voir dire) required for trial. 11. The specific category of damages, including attorneys’ fees, claimed by each party and, when possible, the amount of such damages sought by each party. 12. A designation of Lead Trial Counsel. No change of Lead Trial Counsel may be made without leave of the Court if such change would disrupt the trial schedule. 13. A list of all pending motions and date filed. Motions not timely heard in accordance with the dates set forth herein are subject to summary denial. 14. A list identifying, with specificity, any matters of which the parties will ask the Court to take Judicial Notice under sections 90.201 and 90.202, Florida Statutes, and any objections or agreement thereto.

Applies to

Notice for trial

For a non-jury trial in Division 24-B, a Notice for Trial stating that the case is at issue must include the estimated trial time needed by all sides.

In Division 24-B, for a non-jury trial, file a Notice for Trial (i.e. that the case is at issue) with the estimated time needed by all sides.

Applies to

Notice for trial

For a jury trial in Division 78, a Notice for Trial must be filed before the Judicial Assistant schedules a Case Management Conference hearing or the court issues a Uniform Jury Trial Order.

For a jury trial in Division 78, file a Notice for Trial and Judicial Assistant will schedule a Case Management Conference Hearing or the Court will issue a Uniform Jury Trial Order.

Applies to

Motion

Must include

certificate of conference

A movant must place a certificate of conferral at the end of the motion and above the signature block.

At the end of the motion and above the signature block, the movant must include a certificate of conferral in substantially the following form:

Applies to

Complaint answer motion brief or other paper

Must include

ai disclosure

A party using generative AI to prepare a complaint, answer, motion, brief, or other paper assigned to Judge Bain or Division 24-B must disclose the use, identify whether the AI was closed or open, and certify independent verification of every legal and record citation.

However, if any party ===== PAGE 18 ===== or self-represented party has used AI in the preparation of any complaint, answer, motion, brief, or other paper filed with the Court, and assigned to Judge Bain or Division 24-B, the party MUST, in a clear and plain factual statement, disclose that regenerative AI has been used in the filing, state whether the AI used was close or open, and CERTIFY, that each and every citation to the law or the record in the paper, has been independently verified as accurate.

Applies to

Complaint answer motion brief or other paper

Failure to comply with the AI disclosure and citation-verification requirements may result in contempt, striking pleadings, dismissal, or other sanctions.

Failure to comply may result in sanctions against the party including contempt, the striking of pleadings, and dismissal.

Applies to

Exhibits and demonstrative aids

All exhibits and demonstrative aids must be exchanged, initialed by counsel, tagged and marked for identification, with any objections noted separately.

9. Exhibits and Demonstrative Aids: Per the Uniform Order Setting Case for Trial, all exhibits and demonstrative aids (including Power Point Presentations) must be exchanged, initialed by counsel for all parties, and tagged and marked for identification. Any objections must be separately noted.

Applies to

Stipulations admissions waivers of custodians

Stipulations, admissions, and waivers of custodians must be in writing when court enforcement is sought.

10. Stipulations – Admissions – Waivers of Custodians: Must be in writing if seeking Court enforcement

Applies to

Jury instructions and verdict forms

Jury instructions and verdict forms must be submitted to the judge at the pre-trial conference, with originals filed with the clerk and a Microsoft Word copy emailed to the court.

• Submitted to the Judge at the Pre-Trial Conference. File originals with the Clerk and provide a Copy in MS Word (in Times New Roman font – 14 pt. double spaced) - to the Court via email to 20Bosceola@ninthcircuit.org

Applies to

Income deduction order

An Income Withholding for Support form notice must be attached to and incorporated into the order when a form of child support is provided.

If any form of child support is provided for above, attached hereto and incorporated herein by reference is an INCOME WITHHOLDING FOR SUPPORT (IWO) Form notice in accordance with OMB Form 0970-0154 and 42 U.S.C. §666(b)(6)(A)(ii).

Applies to

Income withholding order

When an Income Withholding Order is received from a source other than a State or Tribal CSE agency or a court, a copy of the underlying order must be attached.

If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached.

Applies to

Notice of hearing

The scheduling party must file the motion and notice of hearing and send copies of both.

It is the scheduling party's responsibility to file and send out copies of the Motion(s) and Notice of Hearing.

Applies to

Motion to compel

The motion to compel must state the Notice of Intent filing date, the follow-up email date, whether the State responded, and whether Discovery remains outstanding 15 days after the Notice of Intent was filed.

In the Motion, please make sure to include:

Applies to

Motion

Must include

proposed order

A proposed order must accompany the emailed motion.

Forward a copy of the Motion to the Court and Opposing Counsel via email along with a proposed Order in Word format.

Applies to

Hearing request

The hearing request must state whether the hearing was coordinated with opposing counsel.

✓ Whether Coordinated with Opposing Counsel:

Applies to

Summary judgment motion

Summary judgment motions must be scheduled for oral argument unless all parties waive it.

Summary Judgment Motions shall be scheduled for oral argument unless all parties waive oral argument.

Applies to

Hearing request

The hearing request must identify the motion to be heard and the date it was filed.

✓ Motion to be heard and the date the motion was filed:

Applies to

Hearing request

The hearing request must state the amount of hearing time requested.

✓ Amount of time being requested:

Applies to

Hearing request

The hearing request must state the date on which the meet-and-confer process was completed.

✓ Date “Meet & Confer” completed:

Applies to

Hearing request

A hearing request must include the seven specified pieces of information.

Please include ALL the following information:

Applies to

Hearing request

The hearing request must include the case number.

✓ Case Number:

Applies to

Hearing request

The hearing request must include the case style.

✓ Case Style:

Applies to

Hearing request

The hearing request must include the coordinated date and time.

✓ Coordinated date and time:

Applies to

Notice of hearing

A notice of hearing must include a certificate of compliance addressing meet-and-confer requirements or unilaterally set hearings under Administrative Order 2012-03.

The NOH must contain a Certificate of Compliance with either the “Meet and Confer” or Administrative Order 2012-03 concerning unilaterally set hearings.

Applies to

Proposed order

Every proposed order must be submitted with an e-filed cover letter stating that opposing counsel reviewed and approved the order's form.

All proposed orders must be accompanied by an e-filed cover letter (the cover letter must have the filing stamp across the top) and must indicate that opposing counsel has reviewed and approved the form of the order when submitting to the Court for review.

Applies to

Proposed order

Must include

certificate of service

The certificate of service in the proposed order must comply with the Rules of Civil Procedure.

Please be sure that the certificate of service contained in the proposed order complies with the Rules of Civil Procedure.

Applies to

Motion

Must include

certificate of conference

A certificate of conferral must appear at the end of the motion and above the signature block.

At the end of the motion and above the signature block, the movant must include a certificate of conferral in substantially the following form:

Applies to

Exhibits

Objections to exhibits or demonstrative aids must be separately noted and presented to the court.

Any objections must be separately noted and brought to the attention of the Court.

Applies to

Deposition objections

Deposition objections must be submitted before trial with the deposition and a chart identifying the page and line, objection, and space for the court's ruling.

• Objections to portions of depositions must be ruled on PRIOR TO TRIAL – Submit the deposition together with a chart identifying the page and line number, the objection, and leaving a place for the court to rule in chambers

Applies to

Hearing request email

A hearing request must provide the hearing date and time, duration, case information, attorney or pro se information, motion information, e-filing and meet-and-confer dates, and whether an evidentiary hearing is requested.

The hearing request must include: ➔ Copy the checklist below into the email requesting a hearing ✓ Date and time being requested for the hearing ✓ Amount of time being requested for the hearing ✓ Case number ✓ Style of the case ✓ Names of the attorneys (or pro se if applicable) ✓ Title of the motion(s) to be heard ✓ Date(s) motion(s) were e-filed ✓ Date of the meet and confer pursuant Fla. R. Civ. Pro. 1.202 ✓ Whether the matter is an evidentiary hearing

Applies to

Notice of hearing

After the parties agree on an ex parte or short-matter hearing date, the moving party must file a Notice of Hearing.

Once a date has been agreed upon, the moving party must file a Notice of Hearing.

Applies to

Notice of hearing

The Notice of Hearing must include the Court's virtual hearing link.

The Court’s virtual link shall be included in the Notice of Hearing.

Applies to

Notice of hearing

Every Notice of Hearing must identify whether the parties will appear virtually or in person.

Every notice of hearing must state how the parties will appear at the hearing (virtual or in-person).

Applies to

Notice of hearing

A Notice of an in-person hearing must include the Orange County Courthouse address and hearing room number.

Notices of in-person hearings must include the address of the Orange County Courthouse, as well as the hearing room number.

Applies to

Papers filed with court

Must include

ai disclosure

A party or self-represented party that used AI to prepare a filing in Judge Sandor’s division must disclose the AI use and certify that all legal and record citations were independently verified.

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, and assigned to Judge Sandor or Division 48, the party MUST, in a clear and plain factual statement, disclose that AI has been used in the filing, and CERTIFY, that each and every citation to the law or the record in the paper, has been independently verified as accurate.

Applies to

Motion

Must include

proposed order

When client consent is attached to a motion to withdraw as counsel, the filing may include a proposed order, and addressed stamped envelopes must be provided for parties not served through the ePortal.

If there is client consent (attached to the motion) you may submit a copy of the motion along with a proposed order and addressed, stamped envelopes must be provided for all parties not receiving service through the ePortal.

Applies to

Proposed order

The proposed order must include the client's name, address, telephone number, and email address in both the order body and certificate of service.

In the proposed order, please include the name, address, telephone number and e-mail address of the client to whom the pleadings will be sent in the body of the order as well as in the certificate of service.

Applies to

Proposed order

When the client is a corporation or other legal entity, the proposed order must allow no more than 30 days to obtain substitute counsel.

If the client is a corporation or other legal entity, allow no more than thirty (30) days to obtain substitute counsel.

Applies to

Protective order motion

A motion for protective order must be set for immediate hearing to provide protection from requested discovery.

The filing of a Motion for Protective Order, without attempting to set it for immediate hearing, is insufficient to protect from any discovery requested.

Applies to

Notice of hearing

Except in exceptional circumstances, parties may not notice objections for hearing.

Absent exceptional circumstances, PARTIES SHALL NOT NOTICE OBJECTIONS FOR HEARING.

Applies to

Motion in limine

A motion in limine may not be scheduled unless it certifies a good-faith attempt to resolve each disputed item without court action.

MIL may not be scheduled for a hearing unless they contain a certification of a good faith attempt as to each item to resolve the matter without court action.

Applies to

Notice of hearing

A notice of hearing on a motion in limine must specifically identify the issues remaining in controversy after counsel confer.

Notices of hearing on MIL must specifically identify the specific issues which remain in controversy after counsel has conferred.

Applies to

Proposed order

Must include

caption

Every order must describe the subject and ruling of the court in its caption.

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.”

Applies to

E filed cover letter

Must include

certificate of conference

The e-filed cover letter must state whether opposing counsel agrees to both the content and form of the proposed order.

e-filed cover letter indicating whether: • Opposing counsel agrees to the content and form of the order.

Applies to

Proposed order

Must include

certificate of conference

The submission must indicate that opposing counsel reviewed and approved the form of the order.

Must indicate that opposing counsel has reviewed and approved the form of the order when submitting to the Court for review.

Applies to

Proposed order

Must include

certificate of service

The proposed order must include a certificate of service that complies 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.

Applies to

Pretrial check list and order controlling trial

Parties must bring a completed Pre-Trial Check List and Order Controlling Trial to the pre-trial conference.

Parties shall bring to the Pre-Trial Conference a completed copy of the Pre-Trial Check List and Order Controlling Trial.

Applies to

Motion

Unless made orally during a hearing or trial, each motion must be accompanied by a memorandum of law, subject to BCP 5.12.

All motions, unless made orally during a hearing or a trial, shall be accompanied by a memorandum of law, except as provided in BCP 5.12.

Applies to

Motion

Every motion must state its grounds with particularity, cite the statutes or procedural rules relied upon, and state the relief sought.

All motions shall: (1) state with particularity the grounds for the motion; (2) cite any statute or rule of procedure relied upon; and (3) state the relief sought.

Applies to

Summary judgment motion

Factual statements in a motion for summary judgment must be supported by specific citations to the supporting documents.

Factual statements in a motion for summary judgment shall be supported by specific citations to the supporting documents.

Applies to

Certificate of good faith conference

Must include

certificate of conference

The Certificate of Good Faith Conference must state the conference date, participating attorneys, and specific results achieved.

The Certificate of Good Faith Conference shall set forth the date of the conference, the names of the participating attorneys and the specific results achieved.

Applies to

Motion

Must include

certificate of conference

The court may sua sponte deny any motion lacking an appropriate and complete Certificate of Good Faith Conference.

The court will sua sponte deny motions that fail to include an appropriate and complete Certificate of Good Faith conference under this section.

Applies to

Oral argument motion

Must include

proposed order

Motions are ordinarily decided on the written record without oral argument; a party seeking oral argument must file a separate motion and submit a proposed order with service copies and stamped envelopes.

Motions shall be considered and decided by the court on the pleadings, admissible evidence, the court file and memoranda, without hearing or oral argument, unless otherwise ordered by the court. Any party seeking oral argument shall file a separate motion setting forth the reasons oral argument should be granted and shall send a proposed order granting oral argument to the court with service copies and stamped envelopes.

Applies to

Oral argument motion

Must include

certificate of conference

An oral-argument motion must include a separate BCP 5.3 certificate of good faith conference and state the requested length of oral argument.

Motions for oral argument must contain a separate Certificate of Good Faith Conference under BCP 5.3, and must set forth the length of time needed for oral argument.

Applies to

Opposition memorandum

An opposition memorandum must identify the title and filing date of the motion it responds to.

The response memorandum shall clearly identify the title and date of filing of the motion to which it responds.

Applies to

Reply memorandum

A reply memorandum may discuss only matters raised in the opposition memorandum.

A reply memorandum is limited to discussion of matters raised in the memorandum in opposition and shall not exceed ten (10) pages in length.

Applies to

Reply memorandum

A reply memorandum must identify the titles and filing dates of both the original motion and the response memorandum.

The reply memorandum must clearly identify the titles and dates of filing of the original motion and the response memorandum.

Applies to

Extension motion

Must include

proposed order

A motion seeking additional time for supporting documents and memoranda must be accompanied by a proposed order.

Upon proper motion accompanied by a proposed order and in addition to the relief available under BCP 5.7, the court may enter an order, specifying the time within which supporting documents and memoranda may be filed, if it is shown that such documents are not available or cannot be filed contemporaneously with the motion or response.

Applies to

Suggestion of subsequently decided authority

A suggestion of subsequently decided authority must contain only the citation for published authority or a copy for unpublished authority and may not contain argument.

A suggestion of controlling or persuasive authority that was decided after the filing of the last memorandum may be filed at any time prior to the court’s ruling and shall contain only the citation to the authority relied upon, if published, or a copy of the authority if it is unpublished, and shall not contain argument.

Applies to

Motion

The motions must state good cause and cite applicable authority supporting the requested relief.

The above motions must state good cause therefore and cite any applicable rule, statute or other authority justifying the relief sought.

Applies to

Motion

Must include

proposed order

An agreed-upon motion must include a cover letter confirming opposing counsel's review and approval, a proposed order, copies for all parties, and stamped addressed envelopes.

If the motion is agreed upon by all parties, then these motions must be accompanied by a cover letter indicating that opposing counsel has reviewed and approved the proposed order and a proposed order, together with copies for all parties and stamped, addressed envelopes.

Applies to

Notice of fully briefed motion

The moving party must prepare and file a Notice of Fully Briefed Motion once the motion is fully briefed or the briefing deadlines have passed.

When a motion is fully briefed, either by the filing of a memorandum in opposition and reply or by virtue of the time passing for the filing of those pleadings, the moving party shall prepare and file a Notice of Fully Briefed Motion.

Applies to

Notice of fully briefed motion

Must include

proposed order

When a motion is ready for ruling, the moving party must send the court the notice, checklist, proposed order, copies for all parties, and envelopes.

The Notice of Fully Briefed Motion, Fully Briefed Motion Checklist and a proposed order with copies and envelopes for all parties shall be sent to the court when the motion is fully briefed and ready for the court to rule upon it.

Applies to

Proposed order

The proposed order must also be emailed to the court in accordance with the Fully Briefed Motion Checklist.

The order must also be emailed to the court in accordance with the Fully Briefed Motion Checklist found on the Business Court section of the court’s website

Applies to

Order

An agreed order will not be entered without a written representation that copies were provided in advance to opposing parties and that they do not object to the order's form.

No agreed order will be entered unless the party proffering such an order represents to the court in writing that he or she has provided copies to the opposing parties in advance, and they have no objection to the form of the order.

Applies to

Proposed order

A party submitting a proposed default-judgment order must contemporaneously provide sufficient information establishing that the motion should be granted.

When sending to the court a proposed order entering a final judgment of default, a party must contemporaneously provide the court with sufficient information establishing that the motion for entry of a final judgment by default should be granted.

Applies to

Motion to seal

Must include

proposed order

A sealing request must include an appropriate motion complying with Florida Rule of Judicial Administration 2.420(d) and a proposed order, and the motion remains public regardless of outcome.

A party seeking to file a document under seal must file an appropriate motion in accordance with ===== PAGE 16 ===== Florida Rule of Judicial Administration 2.420(d), together with a proposed order thereon. The motion, whether granted or denied, will remain in the public record.

Applies to

Joint case management report

Must include

local rule certificate

Lead Trial Counsel must include a certification in the Joint Case Management Report regarding in-person attendance by the party or an authorized entity representative, unless the court has excused that requirement.

In the Joint Case Management Report, Lead Trial Counsel for each party shall certify that the party (if an individual) or an authorized representative of the party (if an entity) will attend the Case Management Conference in person, unless the court has entered an order excusing compliance with this requirement.

Applies to

Joint case management report

Must include

local rule certificate

For an entity party, the certificate in the Joint Case Management Report must identify the representative's name and title and certify that the representative has decision-making authority for pertinent or disputed case-management issues.

In the certificate, Lead Trial Counsel for any entity party shall provide the name and title of the representative who will attend the Case Management Conference and shall certify that the representative has authority to make appropriate decisions regarding such issues listed in BCP 6.2 above as ===== PAGE 20 ===== are pertinent to the case or on which there are material differences of opinion.

Applies to

Joint final pretrial statement

The Joint Final Pretrial Statement must include stipulated facts and reflect an active and substantial effort to stipulate to agreed facts and law while simplifying contested issues.

a. Stipulated Facts - The Parties shall stipulate to as many facts and issues as possible. To assist the court, the parties shall make an active and substantial effort to stipulate at length and in detail as to agreed facts and law, and to limit, narrow and simplify the issues of fact and law that remain contested.

Applies to

Joint final pretrial statement

The Joint Final Pretrial Statement must include a compliant exhibit list, and each party's list must identify specific objections to remaining numbered exhibits and be attached using the approved form.

b. Exhibit List - An exhibit list containing a description of all exhibits to be introduced at trial and in compliance with the approved form located on the Business Court ===== PAGE 28 ===== website at http://www.ninthcircuit.org/research/court-forms/complex-litigation, must be filed with the Joint Final Pretrial Statement. Each party shall maintain a list of exhibits on USB drive to allow a final list of exhibits to be provided to the Clerk of Court at the close of the evidence. Unlisted exhibits will not be received into evidence at trial, except by order of the court in the furtherance of justice. The Joint Final Pretrial Statement must attach each party’s exhibit list on the approved form listing each specific objection (“all objections reserved” does not suffice) to each numbered exhibit that remains after full discussion and stipulation. Objections not made – or not made with specificity – are waived.

Applies to

Joint final pretrial statement

The parties and counsel must prepare a good-faith witness list identifying witnesses likely to be called and witnesses who may be called if necessary.

c. Witness List - The parties and counsel shall prepare a witness list designating in good faith which witnesses will likely be called and which witnesses may be called if necessary.

Applies to

Joint final pretrial statement

The Joint Final Pretrial Statement must identify testimony remaining in dispute by page and line and include each party’s position, argument, and supporting authority.

The parties shall include in the Joint Final Pretrial Statement a page-and-line description of any testimony that remains in dispute after an active and substantial effort at resolution, together with argument and authority for each party’s position.

Applies to

Deposition excerpt

Parties must prepare edited and marked copies of all deposition testimony intended for evidentiary use at the final pretrial conference or trial.

The parties shall prepare for submission and consideration at the final pretrial conference or trial edited and marked copies of any depositions or deposition excerpts which are to be offered into evidence, including edited videotaped depositions.

Applies to

Deposition

An entire deposition may be designated only upon a showing of necessity.

Designation of an entire deposition will not be permitted except on a showing of necessity.

Applies to

Joint final pretrial statement

In jury cases, counsel must attach both a copy and an original set of jointly proposed jury instructions and one jointly proposed verdict form to the Joint Final Pretrial Statement.

In cases to be tried before a jury, counsel shall attach to the Joint Final Pretrial Statement a copy and an original set of jointly proposed jury instructions, together with a single jointly-proposed jury verdict form.

Applies to

Trial memorandum

In a non-jury trial, parties must file and serve Trial Memoranda containing proposed findings of fact and conclusions of law no later than ten days before the scheduled trial period, together with a USB drive in Word format.

In the case of a non-jury trial, no later than ten (10) days before the first day of the trial period for which the trial is scheduled, the parties shall file and serve Trial Memoranda with proposed findings of fact and conclusions of law, together with a USB drive in Word format.

Applies to

Motion in limine

Every motion in limine must attach or specifically identify the document, item, or statement concerning which an advance evidentiary ruling is sought.

Each motion in limine must attach, or specify in detail, the document, item or statement at issue.

Applies to

Expert written report

The examining physician or healthcare provider must issue a detailed written report and provide it to all counsel within 14 business days after the examination.

Pursuant to Fla. R. Civ. P. 1.360(b) a “detailed written report” will be issued by the examining physician or healthcare provider and provided to all counsel no later than 14 business days after the day of the examination.

Applies to

Expert deposition availability dates

When scheduling the examination, the requesting party must provide opposing counsel with at least three dates for the examiner's oral deposition.

The party requesting the examination shall also provide to opposing counsel, at the time the examination is scheduled, no less than three dates when the examiner will be available for oral deposition.

Applies to

Expert written report

If a proposed deposition occurs within 14 days of the examination, the written report must reach deposing counsel at least five days before deposition.

Should any of the dates be within 14 days of the examination the above referred to report shall be provided to deposing counsel no later than 5 days before the deposition date.

Applies to

Expert written report

A Rule 1.360 report is inadmissible at trial unless the parties stipulate to its admissibility.

No report under Fla. R. Civ. P. 1.360 will be admissible at trial absent a stipulation by the parties.

Applies to

Supplemental expert report

When new information changes an expert's opinion or conclusion, opposing counsel must be notified immediately and given a revised or supplemental report and dates for updated depositions.

Any changes of opinions or conclusions based on new information must be made known to opposing counsel immediately, a revised or supplemental report provided and dates for updated depositions must also be provided.

Applies to

Annuity

The proposed settlement materials must include documentation of the annuity's present value.

documentation of the annuity’s present value;

Applies to

Annuity

The proposed settlement materials must include documentation of the annuity's payment schedule.

documentation of the annuity’s payment schedule;

Applies to

Closing statement

The closing statement must itemize all attorneys' fees and identify each lawyer and law firm receiving any portion of those fees.

itemizing all attorney’s fees and the identity of each lawyer and law firm receiving all or part of the fees;

Applies to

Closing statement

The closing statement must itemize all costs already expended and all costs to be expended.

itemizing all costs expended or to be expended;

Applies to

Closing statement

The closing statement must identify all recipients of settlement proceeds and the proposed allocation among them.

identifying all recipients of the settlement proceeds and the proposed allocation among them;

Applies to

Closing statement

The closing statement must itemize all resolved and unresolved liens, including outstanding balances owed.

itemizing all resolved and unresolved liens, including outstanding balances owed;

Applies to

Closing statement

The closing statement must itemize all claims, including unresolved claims, to be paid with proceeds from the proposed settlement.

itemizing all claims, including unresolved claims, that will be paid with proceeds from the proposed settlement.

Applies to

Hearing

Must include

proposed order

A proposed order must be brought to the hearing.

Showing up without a proposed order, sufficient copies for all parties, and stamped, pre-addressed envelopes.

Applies to

Late filed trial motion or hearing request

A late-filed trial motion or untimely request for a trial-related hearing must specifically describe the extraordinary circumstances relied upon.

No motion directed towards matters involving the trial will be heard during the actual trial period absent extraordinary circumstances, which must be described with specificity in any late-filed motion or untimely request for hearing.

Applies to

Discovery motion

Every discovery motion must certify a good-faith attempt to resolve the dispute without court action and comply with the applicable rules and administrative orders.

All discovery motions must comply with the Florida Rules of Civil Procedure and Administrative Orders governing this division, including, but not limited to, the requirement of certifying a good faith attempt to resolve the matter without court action.

Applies to

Motion

Must include

certificate of conference

A Certificate of Conferral must be attached to the motion.

A Certificate of Conferral is to be attached to the motion.

Applies to

Motion to compel proposed order

Must include

proposed order

A proposed order accompanying a motion to compel may only require a response within 10 days and may not grant other relief.

The proposed order shall only compel a response within 10 days and shall not grant any other form of relief.

Applies to

Annuity

The proposed settlement materials must include documentation of the annuity's cost.

documentation of the annuity’s cost;

Applies to

Petition for settlement approval

The petition must state the attorney fees and costs proposed to be deducted from the settlement proceeds.

the attorney’s fees and costs proposed to be deducted from the settlement proceeds;

Applies to

Settlement and release agreement

Copies of all release and settlement agreements requiring the legal guardian's or parent's signature must be provided.

copies of all release and settlement agreements that the legal guardian or parent will be required to sign;

Applies to

Motion to compel proposed order package

A motion-to-compel package must include a cover letter with the proposed order, and both documents must be sent contemporaneously to all other parties.

The proposed order shall also be accompanied by a cover letter, and both the letter and order shall be contemporaneously sent to all other parties.

Applies to

Annuity

The proposed settlement materials must include documentation of the issuing annuity company's rating.

documentation of the issuing company’s rating;

Applies to

Petition for settlement approval

Must include

statement of facts

A petition requesting court approval of a proposed settlement must state the facts of the claim, question, or dispute giving rise to the settlement.

The party(ies) requesting the Court’s approval of a proposed settlement must provide the following: 1. A petition stating:  the facts of the claim, question, or dispute giving rise to the proposed settlement;

Applies to

Petition for settlement approval

The petition must identify the legal guardian or parent requesting approval and that person's relationship to the minor or ward.

the identity and relationship to the minor or ward of the legal guardian or parent requesting that the Court approve the proposed settlement;

Applies to

Petition for settlement approval

The petition must state the terms and gross amount of the proposed settlement.

the terms and gross amount of the proposed settlement;

Applies to

Petition for settlement approval

The petition must state the proposed distribution of settlement proceeds among all persons, estates, and other entities entitled to recover a portion.

the proposed distribution of settlement proceeds among all persons, estates, and other entities entitled to recover a portion of the settlement proceeds;

Applies to

Petition for settlement approval

The petition must justify the proposed distribution of settlement proceeds.

the justification for the proposed distribution of settlement proceeds;

Applies to

Petition for settlement approval

The petition must state why the proposed settlement serves the best interests of the minor or ward.

the reason(s) the proposed settlement serves the best interests of the minor or ward;

Applies to

Petition for settlement approval

The petition must explain how settlement funds will be invested or protected and identify and describe the proposed financial institutions, funds, or other financial products, including their rating and stability.

how the funds will be invested or protected, including identification, rating, and stability of proposed financial institution(s), fund(s), or other financial products.

Applies to

Petition for settlement approval

The petition must identify and describe the qualifications of any proposed guardian ad litem, or state the reasons no guardian ad litem is requested.

the identity and qualifications of any proposed guardian ad litem or, if no guardian ad litem is requested, the reason(s) no guardian ad litem is requested;

Applies to

Motion to appoint guardian ad litem

When required by statute or court order, the requesting parties must provide a motion to appoint a guardian ad litem.

When required by statute or order:  a Motion to Appoint Guardian ad Litem;

Applies to

Proposed order

Must include

proposed order

When required by statute or court order, the requesting parties must provide a proposed order appointing a guardian ad litem.

When required by statute or order: a proposed Order Appointing Guardian ad Litem;

Applies to

Guardian ad litem report

When required by statute or court order, the guardian ad litem report must analyze the settlement and distribution, state the positions of the natural parents or guardian, analyze potentially adverse claims or positions of personal representatives or other survivors, and state the guardian ad litem's opinion and its bases.

When required by statute or order:  a Motion to Appoint Guardian ad Litem;  a proposed Order Appointing Guardian ad Litem; and  a Guardian ad Litem report analyzing the proposed settlement and distribution, stating the position(s) of the natural parent(s) or guardian, analyzing the position(s) or claims of any Personal Representative or other survivors, particularly those that are potentially adverse to the minor or ward, and stating the Guardian ad Litem’s opinion

Applies to

Medical records

The required medical-record attachments include the History and Physical, hospitalization records if applicable, and final reports from each primary treating physician addressing future-care needs.

3. Required attachments: A. Medical records:  the History and Physical showing the presenting condition;  the Admission and Discharge and Summary Resume, if hospitalized;  final reports from each primary treating physician, including statement of the need for, or lack of need for, future care and

Applies to

Settlement and release agreement

An agreement containing a defense, indemnity, or hold-harmless provision must state whether it binds the minor or ward or only the parent or legal guardian.

the agreement(s) must specify whether the parties intend for the provision to bind the minor or ward child or only to the parent or legal guardian, and

Applies to

Settlement and release agreement

If a settlement agreement binds a minor or ward to defend, indemnify, or hold harmless, legal authority supporting that the minor or ward may be bound must be attached.

if the parties intend to bind the minor or ward to a duty to defend, to indemnify, or to hold harmless, legal authority holding that a minor or ward can be bound to defend, indemnify, or hold harmless must also be attached;

Applies to

Settlement and release agreement

If a confidentiality provision is intended to bind the minor or ward, the agreement must state the consequences of violating that provision.

if the parties intend to bind the minor or ward:

Applies to

Settlement and release agreement

All settlement and release agreements must identify the party responsible for obtaining an order sealing limited documentation under Florida Rule of General Practice and Judicial Administration 2.420(d).

All agreements must specify which party is responsible for obtaining an order sealing limited documentation in the court file pursuant to Florida Rule of General Practice and Judicial Administration 2.420(d);

Applies to

Settlement certification

Plaintiff's counsel must certify that all required release and settlement agreements were personally reviewed and approved.

by plaintiff’s counsel that all required release and settlement agreements have been personally reviewed and approved by plaintiff’s counsel; and

Applies to

Settlement certification

Counsel for all parties must certify that the settlement releases only the settling party and its insurers, not any other defendant or nonparty.

by counsel for all parties that the settlement is intended to release only the settling party and their insurer(s) and that the settlement is not intended to release any other defendant or nonparty; and

Applies to

Annuity

The proposed settlement materials must identify the company issuing any contemplated annuity.

identification of the company issuing the annuity;

Applies to

Notice of hearing

Must include

certificate of conference

Counsel must include the required certification on the notice of hearing.

Note: Counsel must also include the required certification on the Notice of Hearing.

Applies to

Notice of hearing

Must include

certificate of conference

For most motions, the notice of hearing must include an Administrative Order 2012-03-01 certificate of compliance, and omission may result in cancellation of the hearing.

The notice of hearing must comply with the requirements of Administrative Order 2012-03-01. That order mandates a certificate of compliance certifying compliance with the “meet and confer” requirement for most motions. See Admin. Order 2012-03- ¶ 6. Certificate of compliance exemplars appear in the appendix to these procedures. Failure to include the required certificate of compliance may result in cancellation of the hearing.

Applies to

Hearing request

An evidentiary-hearing request and its 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.

Applies to

Proposed order

Must include

proposed order

When a hearing is canceled because the motion was resolved by agreement or became moot, the scheduling party must submit a proposed order reflecting the resolution.

If the cancellation resulted from resolution of the motion by agreement of the parties or because of mootness, the party that scheduled the hearing shall submit a proposed order reflecting the resolution.

Applies to

Notice of hearing

When communication-technology attendance is authorized, the notice of hearing must identify the participants using that technology and include the specified videoconference information.

If the Court grants permission for any attorney, party, or witness to attend a hearing by means of communication technology, the notice of hearing shall indicate that one or all parties will attend via communication technology and shall include the following information:

Applies to

Emergency hearing 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; and

Applies to

Emergency hearing motion

An emergency hearing motion must include a certificate that the circumstances constitute a true emergency requiring immediate hearing time and that emergency designation may cause other matters to be cancelled or rescheduled.

the motion must contain a certificate of emergency in which the moving party certifies: i. that he/she believes the facts and circumstances to constitute a true emergency for which immediate hearing time is required; and ii. that he/she understands that designating a matter as an emergency may result in the Court cancelling or rescheduling other matters affecting other parties; and

Applies to

Joint case management report

Before a short-matter hearing, the parties must file a joint report describing the case-management issue and each party’s position.

Before the hearing, the parties must file a joint report describing the case management issue and their respective positions.

Applies to

Notice of hearing

Must include

local rule certificate

The notice of hearing for an ex parte or short matter must include a Certificate of Compliance.

before setting a hearing at ex-parte/short matters, the parties must satisfy the meet and confer requirement of Administrative Order 2012-03-01 and must include a Certificate of Compliance in the notice of hearing.

Applies to

Proposed order

Must include

certificate of service

Both the body and certificate of service of a proposed withdrawal order must identify the recipient party’s name, address, telephone number, and email address.

The body and certificate of service of proposed orders on motions to withdraw must include the name, address, telephone number, and email address of the party to whom pleadings and papers in the case will be sent.

Applies to

Discovery motion

A discovery motion must identify the disputed requests or objections, explain why they are improper, and attach the pertinent requests, responses, or objections.

Discovery motions must identify the specific requests and objections that are in dispute, explain why the movant believes those requests or objections are improper, and attach the requests, responses, or objections at issue.

Applies to

Summary judgment response

The nonmovant's summary-judgment response must include the nonmovant's supporting factual position.

At least 20 days before the time fixed for the hearing, the nonmovant must serve a response that includes the nonmovant's supporting factual position.

Applies to

Motion in limine memorandum

The motion-in-limine movant's memorandum must specifically describe the basis for the requested evidentiary ruling and include argument and supporting authority.

Within seven (7) days of any unsuccessful meet-and-confer, the movant must file a memorandum of law specifically describing the basis for the requested evidentiary ruling with argument and supporting authority.

Applies to

Motion in limine hearing notice

Must include

certificate of conference

A motion in limine may not be scheduled unless its hearing notice certifies a good-faith attempt to resolve each point without court action.

The Motion in Limine may not be scheduled for a hearing unless the hearing notice contains a certification of a good faith attempt to resolve the matter without court action as to each point.

Applies to

Motion in limine hearing notice

A motion-in-limine hearing notice must identify each specific disputed point.

The hearing notice must identify the specific points in dispute.

Applies to

Motion in limine opposition

A motion-in-limine opposition memorandum must describe the basis for opposition and include argument and supporting authority.

At least five (5) business days before the scheduled hearing on any Motion in Limine, the opposing party must file a memorandum in opposition specifically describing the basis for the opposition with argument and supporting authority.

Applies to

Motion in limine stipulation

A partially agreed motion in limine requires a stipulation signed by both parties that identifies in writing which points the opposing party accepts.

If the meet and confer results in an agreement on any portion of any Motion in Limine, the moving party shall prepare and file a stipulation signed by the movant and opposing party indicating in writing which of the points in the Motion in Limine are agreed to by Page 9 of 19 ===== PAGE 10 ===== the opposing party.

Applies to

Hearing authorities and memoranda

Authorities and memoranda first submitted during a hearing may not be considered by the court.

Authorities and memoranda provided to the Court and opposing parties for the first time during the hearing may not be considered.

Applies to

Proposed order

Must include

proposed order

A proposed order submitted after a hearing or with an unopposed or agreed motion must be accompanied by an e-filed cover letter bearing the filing stamp and copying all counsel and self-represented parties.

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) with a copy to all counsel and self-represented parties.

Applies to

Proposed order

An order may not be labeled “Agreed” merely because the opposing party failed to respond in time.

The “Agreed” designation shall not be used when opposing counsel or the opposing self- represented party simply has not timely responded to a proposed order.

Applies to

Cover letter

Without express agreement, the cover letter must explain the opposing party’s position, lack of response, or other circumstances concerning the order.

In cases where there is not express agreement to a form of the order, the cover letter must specifically state the position of opposing counsel or the opposing self- represented party, the lack of any response whatsoever, or other circumstances surrounding the order.

Applies to

Notice for trial

A hearing requiring less than half a day must be scheduled under section I(B); a hearing requiring half a day or more must be requested for placement on the trial docket.

if less than half a day is required, shall schedule hearing time pursuant to section I(B), or b. if half a day or more is required, shall request to be placed on a trial docket.

Applies to

Pretrial order

Each party must provide a completed copy of the Pretrial Check List and Order Controlling Trial.

Parties shall provide a completed copy of the Pretrial Check List and Order Controlling Trial

Applies to

Motion

Must include

certificate of conference

A motion-filing certificate of compliance must certify prior discussion of the requested relief, including the communication method and date and the opposing party's position or the efforts made to obtain dialogue.

Meet and Confer Completed PRIOR to filing of the motion CERTIFICATE OF COMPLIANCE “I certify that prior to filing this motion, I discussed the relief requested in this motion by [method of communication and date] with the opposing party and [the opposing party (agrees or disagrees) on the resolution of all or part of the motion] OR [the opposing party did not respond (describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion)].”

Applies to

Motion

Must include

certificate of conference

The certifying lawyer states that authorized counsel had a substantive conversation with opposing counsel to try in good faith to resolve the motion before it was noticed for hearing, but no agreement was reached.

I certify that on [ date ], [ name of lawyer ], a lawyer in my firm with full authority to resolve this matter had a substantive conversation [ in person ] [ by telephone ] [ by videoconference ] with [ name of opposing counsel ] in a good faith effort to resolve this motion before the motion was noticed for hearing, but the parties were unable to reach an agreement

Applies to

Certificate of compliance

A certificate of compliance must identify the lawyer with settlement authority and opposing counsel and document three good-faith contact attempts to resolve the motion without a hearing, including the date, time, and means attempted for each attempt.

CERTIFICATE OF COMPLIANCE I certify that [ name of lawyer ], a lawyer in my firm with full authority to resolve this matter, attempted in good faith to contact opposing counsel, [ name of opposing counsel ], in person or by telephone on: 1. _____________[Date]___________ at ___Time____ by ____[Means attempted]___; 2. _____________[Date]___________ at ___Time____ by ____[Means attempted]___; and 3. _____________[Date]___________ at ___Time____ by ____[Means attempted]___; to discuss resolution of this motion without a hearing, but the lawyer in my firm was unable to speak with opposing counsel.

Applies to

Demonstrative aids

Demonstrative aids may not be used during opening statements without the parties' agreement or a court order entered before the first day of trial.

Demonstrative aids may NOT be used during Opening Statement without (i) agreement or (ii) prior (before the first day of trial) court order.

Applies to

Order or judgment

Unsigned orders and judgments must not be sent to the Clerk’s office for transmission to the Judge.

Unsigned orders or judgments must not be sent to the Clerk’s office for transmission to the Judge.

Applies to

Motion

Every motion must cite the particular rule, statute, and/or leading case supporting it.

Every motion shall cite the particular rule or statute and/or leading case upon which the motion is based.

Applies to

Motion to dismiss

A motion to dismiss must state its grounds and substantial matters of law specifically and with particularity, after which the Court may request a written response and resolve the matter in Chambers without a hearing.

Fla.R.Civ.P. 1.140(b) relating to motions to dismiss requires that the “grounds . . . and the substantial matters of law to be argued shall be stated specifically and with particularity.” The Court may elect to request a written response from opposing counsel and then consider the matter in Chambers without a hearing.

Applies to

Summary judgment motion

Every motion for summary judgment must include a concise, non-argumentative statement of all uncontested material facts and a brief statement of the relied-upon legal propositions.

To comply with this rule, every such motion must contain (a) a concise, non-argumentative statement of all uncontested material facts and (b) a brief statement of the legal proposition(s) relied upon.

Applies to

Notice of hearing

A hearing notice must identify each motion and the manner of hearing, provide remote-appearance information when applicable, and may not generically call up all pending motions; unnoticed or inadequately noticed motions will not be heard.

Every notice must specify the motions to be heard. A notice calling up “all pending motions” is insufficient. Every notice must also specify the manner (e.g. telephone, video, in person) in which the motions are to be heard and provide appropriate information for remote appearances, if applicable. Motions not noticed, or insufficiently noticed, will not be heard.

Applies to

Proposed order

Each proposed order must be accompanied by a stamped e-filed cover letter stating whether opposing counsel approved the order or will submit a competing order.

All proposed orders must be accompanied by an e-filed cover letter (the cover letter must have the filing stamp across the top) and must indicate that opposing counsel has reviewed and approved the form of the order or that opposing counsel will be submitting a competing order.

Applies to

Order

Each order must identify the matter to which it pertains.

The order must specify the matter to which it pertains, e.g., “Order on Defendant Smith’s Motion to Dismiss.”

Applies to

Order

An agreed or unopposed order must state both that it is agreed or unopposed and the substance of the order in its title.

If the order is agreed or unopposed, the title must indicate the substance of the proposed order in addition to the indication that it is an “agreed” or “unopposed” order.

Applies to

Order

The adjudication portion must specify the relief granted and may not merely state that the motion is granted.

The adjudication portion of the order shall specify the relief ordered. Simply stating that “the motion is granted” without more is insufficient.

Applies to

Order of dismissal

A final dismissal order must include “Final” in its title, while a nonfinal dismissal order must state that other claims remain pending.

If an order of dismissal is final (i.e., it disposes of the entire case) the title must contain the word “Final.” When the order is not final but leaves other counts, or claims, pending, it shall so state.

Applies to

Judgment

Every judgment must be labeled “Final Judgment” or “Partial Final Judgment,” and a partial final judgment must separately identify the remaining claims or counts.

All judgments must be designated as either a “Final Judgment” (i.e., the judgment disposes of the entire case) or “Partial Final Judgment,” and if the latter, shall specify in a separate paragraph the remaining counts or claims.

Applies to

Judgment

A judgment must include the full name and address of any known judgment debtor.

All judgments shall contain the full name and full address of any judgment debtor, if known.

Applies to

Judgment

A judgment awarding accrued or prejudgment interest must be accompanied by a document detailing the interest calculation.

All judgments which award accrued interest or pre-judgment interest must be accompanied by a document reflecting in detail the manner of interest calculation.

Applies to

Final disposition form

After final disposition by judgment, dismissal order, or notice of voluntary dismissal, counsel for the prevailing party or counsel preparing settlement papers must promptly file Final Disposition Form 1.998 with the clerk.

When a case had been finally disposed of by Final Judgment, Final Order of Dismissal or Notice of Voluntary Dismissal, counsel for prevailing party or counsel preparing settlement papers must promptly file with the Clerk Final Disposition Form 1.998 (found in the forms appended to the Florida Rules of Civil Procedure).

Applies to

Removal final disposition

When a removed case is finally disposed of in federal court, counsel who sought removal must file a copy of the federal final order or judgment together with Final Disposition Form 1.998.

If, however, the case is finally disposed of in Federal Court, including all pendent claims, counsel who sought the removal will file with the Clerk of this Court a copy of the Final Order or judgment of the Federal District Court together with Final Disposition Form 1.998 and the clerk will close the case.

Applies to

Proposed order

Must include

proposed order

Moving counsel must present a proposed order at the end of any hearing with space left blank for the court’s ruling.

Moving counsel must present a proposed order with space for ruling left blank at the conclusion of any hearing.

Applies to

Motion

Every motion must identify the particular rule, statute, or leading case supporting it.

Every motion shall cite the particular rule or statute and/or leading case upon which the motion is based.

Applies to

Summary judgment motion

Every summary-judgment motion must include a concise, non-argumentative statement of all uncontested material facts and a brief statement of the legal propositions relied upon.

To comply with this rule, every such motion must contain (a) a concise, non-argumentative statement of all uncontested material facts and (b) a brief statement of the legal proposition(s) relied upon.

Applies to

Notice of hearing

A notice of hearing must identify the specific motions to be heard, state the manner of appearance, and provide remote-appearance information when applicable.

Every notice must specify the motions to be heard. A notice calling up “all pending motions” is insufficient. Every notice must also specify the manner (e.g. telephone, video, in person) in which the motions are to be heard and provide appropriate information for remote appearances, if applicable.

Applies to

Proposed order

Each proposed order must be accompanied by an e-filed, filing-stamped cover letter stating whether opposing counsel approved the order or will submit a competing order.

All proposed orders must be accompanied by an e-filed cover letter (the cover letter must have the filing stamp across the top) and must indicate that opposing counsel has reviewed and approved the form of the order or that opposing counsel will be submitting a competing order.

Applies to

Order

The adjudication portion must specify the relief granted; merely stating that the motion is granted is insufficient.

The adjudication portion of the order shall specify the relief ordered. Simply stating that “the motion is granted” without more is insufficient.

Applies to

Judgment

Every judgment must be labeled Final Judgment or Partial Final Judgment, and a partial judgment must separately identify the remaining counts or claims.

All judgments must be designated as either a “Final Judgment” (i.e., the judgment disposes of the entire case) or “Partial Final Judgment,” and if the latter, shall specify in a separate paragraph the remaining counts or claims.

Applies to

Order or judgment

Unsigned orders and judgments may not be sent to the Clerk’s office for transmission to the Judge.

Unsigned orders or judgments must not be sent to the Clerk’s office for transmission to the Judge.

Applies to

Discovery dispute hearing copies

A movant must provide specified discovery materials to the court at least five days before a discovery-dispute hearing.

Movants shall provide the Court with copies of the correct complaint/petition, answer(s) if served, and overdue requests for discovery and any applicable response at least five (5) days prior to the hearing.

Applies to

Notice of trial

A Notice for Trial filed with the clerk must include enough stamped, addressed envelopes for counsel and unrepresented parties not participating in e-filing.

Notices for Trial pursuant to Fla.R.Civ.P 1.440 and filed with the Clerk shall include a sufficient number of stamped addressed envelopes for all counsel and unrepresented parties who do not participate in e-filing.

Applies to

Notice of trial

A Notice for Trial must identify whether trial will be by jury or non-jury and estimate its total duration.

The notice must indicate whether the case is to be tried by jury or non-jury and estimate the total number of days or hours needed for the trial.

Applies to

Final disposition form

Counsel must promptly file Final Disposition Form 1.998 after final judgment, dismissal with prejudice, or voluntary dismissal.

When a case had been finally disposed of by Final Judgment, Final Order of Dismissal or Notice of Voluntary Dismissal, counsel for prevailing party or counsel preparing settlement papers must promptly file with the Clerk Final Disposition Form 1.998 (found in the forms appended to the Florida Rules of Civil Procedure).

Applies to

Hearing request

A hearing request must state the proposed date and time, case number, case style, participant names, motion information, requested duration, evidentiary status, appearance format, and the date and manner of the required meet and confer.

The hearing request must include: 1) Date and time being requested for the hearing: 2) Case number: 3) Style of the case: 4) Names of the attorneys (or self-represented litigants when applicable): 5) Title of the motion(s) to be heard and the date the motion was filed: 6) Amount of time requested for the hearing: 7) Evidentiary or Non-Evidentiary: 8) Remote or In-person appearance: 9) Date and manner of the required meet and confer:

Applies to

Notice of hearing

A notice of hearing for a remote appearance must list the judge’s Webex address.

A notice of hearing involving any remote appearance must list the judge’s Webex https://ninthcircuit.webex.com/join/22osceola

Applies to

Notice of hearing

Every notice of hearing must include the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Applies to

Remote appearance request

A request to appear remotely using communication technology must be made by motion.

Requests to use communication technology for an appearance must be made by motion.

Applies to

Proposed order

Each proposed order must be accompanied by an E-filed cover letter that either certifies unanimous agreement or identifies any party disagreement concerning the order.

All proposed orders must be accompanied by a copy of the E- filed cover letter (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.

Applies to

Notice of cancellation

If the order is signed before the scheduled status hearing, counsel must promptly file a Notice of Cancellation.

If the order is signed before the scheduled hearing, counsel must promptly file a Notice of Cancellation (NOC).

Applies to

Emergency motion

A party seeking an emergency hearing must file a detailed motion stating the issues, reasons an emergency hearing is necessary, and the time needed for each party’s presentation.

If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: (1) the issues to be resolved, (2) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

Applies to

Petition

A petition for court approval of a proposed settlement must state specified facts, identities, settlement terms, distribution, best interests, fund protection, fees and costs, and proposed guardian ad litem information or the reason none is requested.

The party(ies) requesting the Court’s approval of a proposed settlement must provide the following: 1. A petition stating:  the facts of the claim, question, or dispute giving rise to the proposed settlement; Page 1 of 4 ===== PAGE 2 =====  the identity and relationship to the minor or ward of the legal guardian or parent requesting that the Court approve the proposed settlement;  the terms and gross amount of the proposed settlement;  the proposed distribution of settlement proceeds among all persons, estates, and other entities entitled to recover a portion of the settlement proceeds;  the justification for the proposed distribution of settlement proceeds;  the reason(s) the proposed settlement serves the best interests of the minor or ward;  how the funds will be invested or protected, including identification, rating, and stability of proposed financial institution(s), fund(s), or other financial products. See § 69.031(1), Fla. Stat. (authorizing the Court to designate a financial institution to hold the property in safekeeping, subject to actions “authorized by order of the court directed to the financial institution”);  the attorney’s fees and costs proposed to be deducted from the settlement proceeds; and  the identity and qualifications of any proposed guardian ad litem or, if no guardian ad litem is requested,

Applies to

Guardian ad litem appointment documents

When required by statute or court order, the settlement approval submission must include a motion to appoint a guardian ad litem and a proposed order appointing the guardian ad litem.

2. When required by statute or order:  a Motion to Appoint Guardian ad Litem;  a proposed Order Appointing Guardian ad Litem; and

Applies to

Jury instructions and verdict forms

Jury instructions and verdict forms must be exchanged no later than ten days before the pretrial conference, submitted to the judge at the conference, and filed with originals and a specified Word-format copy provided to the court by email.

Jury Instructions and Verdict Forms – Exchanged no later than 10 days prior to the Pre-Trial Conference Submitted to the Judge at the Pre-Trial Conference. File originals with the Clerk and provide a Copy in MS Word (in Times New Roman font – 14 pt. double spaced) - to the Court via email to 22osceola@ninthcircuit.org

Applies to

Motions in limine

Motions in limine must be scheduled and heard no later than one week before the trial period and must comply with Division 22’s Standing Order.

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. You must comply with Division 22’s Standing Order on Motions in Limine, found at www.ninthcircuit.org

Applies to

Exhibits and demonstrative aids

Exhibits and demonstrative aids must be exchanged, initialed, tagged, and marked for identification, with objections separately noted; demonstrative aids cannot be used during opening statement without agreement or prior court order.

Exhibits and Demonstrative Aids: Per the Uniform Order Setting Case for Trial, all exhibits and demonstrative aids (including Power Point Presentations) must be exchanged, initialed by counsel for all parties, and tagged and marked for identification. Any objections must be separately noted. Demonstrative aids may NOT be used during Opening Statement without (i) agreement or (ii) prior (before the first day of trial) court order.

Applies to

Motion in limine

Parties must comply with Division 22's Standing Order on motions in limine.

You must comply with Division 22’s Standing Order on Motions in Limine, found at www.ninthcircuit.org

Applies to

Guardian ad litem report

A required guardian ad litem report must analyze the proposed settlement and distribution, state the positions of parents or guardians and potentially adverse claims, and state the guardian ad litem’s opinion and its bases.

a Guardian ad Litem report analyzing the proposed settlement and distribution, stating the position(s) of the natural parent(s) or guardian, analyzing the position(s) or claims of any Personal Representative or other survivors, particularly those that are potentially adverse to the minor or ward, and stating the Guardian ad Litem’s opinion and the bases for the Guardian ad Litem’s opinion;

Applies to

Medical records

Medical records are required attachments for a proposed settlement approval and must include the identified medical records and physician reports.

3. Required attachments: A. Medical records:  the History and Physical showing the presenting condition;  the Admission and Discharge and Summary Resume, if hospitalized;  final reports from each primary treating physician, including statement of the need for, or lack of need for, future care and

The treatment plan and its estimated cost must be included if not contained in the primary treating physicians’ final reports, and all sources of payment for future treatment must be identified.

 explanation of the treatment plan and the estimated cost of the treatment plan, if not contained in the final reports of the primary treating physicians; and  identification of the source(s) of payment for future treatment, including, but not limited to, medical insurance, Medicaid, or Medicare; and

Applies to

Photographs

When the injury or treatment involves scarring or disfigurement, photographs of the child or ward must show the condition before the incident, after the incident, and at present.

B. Photographs of the child or ward, if the injury or treatment involves scarring or disfigurement:  before the incident;  after the incident; and  present condition

Applies to

Settlement agreement

Copies must be provided for every release or settlement agreement that the child’s legal guardian or parent must sign.

C. Settlement and Release Agreement(s):  copies of all release and settlement agreements that the legal guardian or parent will be required to sign;

Applies to

Settlement agreement

An agreement containing a duty to defend, indemnify, or hold harmless must identify whether the provision binds the minor or ward or only the parent or guardian; legal authority must be attached if the minor or ward is intended to be bound.

 if any required agreement(s) contain(s) provision for a duty to defend, to indemnify, or to hold harmless:  the agreement(s) must specify whether the parties intend for the provision to bind the minor or ward child or only to the parent or legal guardian, and  if the parties intend to bind the minor or ward to a duty to defend, to indemnify, or to hold harmless, legal authority holding that a minor or ward can be bound to defend, indemnify, or hold harmless must also be attached;

Applies to

Settlement agreement

A confidentiality provision must state whether it binds the minor or ward or only the parent or guardian; if the minor or ward is bound, the agreement must specify the consequence of violation and attach supporting legal authority.

if any required agreement(s) contain provision for confidentiality:  the agreement(s) must specify whether the parties intend for the provision to bind the minor or ward or only the parent or legal guardian, and  if the parties intend to bind the minor or ward:  the agreement(s) must unequivocally state the consequence to the minor or ward for violation of the confidentiality provision, and Page 3 of 4 ===== PAGE 4 =====  legal authority holding that a minor or ward can be bound to a confidentiality provision must also be attached; and

Applies to

Settlement agreement

Every agreement must identify the party responsible for obtaining an order sealing limited documentation under Florida Rule of General Practice and Judicial Administration 2.420(d).

 All agreements must specify which party is responsible for obtaining an order sealing limited documentation in the court file pursuant to Florida Rule of General Practice and Judicial Administration 2.420(d); and

Applies to

Certification

Plaintiff’s counsel must certify that all required release and settlement agreements were personally reviewed and approved by plaintiff’s counsel.

D. Certifications:  by plaintiff’s counsel that all required release and settlement agreements have been personally reviewed and approved by plaintiff’s counsel; and

Applies to

Certification

Counsel for every party must certify that the settlement releases only the settling party and its insurers and does not release any other defendant or nonparty.

 by counsel for all parties that the settlement is intended to release only the settling party and their insurer(s) and that the settlement is not intended to release any other defendant or nonparty; and

Applies to

Annuity documentation

If the proposed settlement contemplates an annuity, the submission must identify the issuing company, owner, and owner’s relationships to released parties and document the company’s rating, annuity cost, present value, and payment schedule.

E. Annuity(ies), if contemplated by the proposed settlement:  identification of the company issuing the annuity;  documentation of the issuing company’s rating;  identification of the owner of the annuity;  identification of the relationship(s) between annuity’s owner and the party(ies) or entity(ies) being released;  documentation of the annuity’s cost;  documentation of the annuity’s present value; and  documentation of the annuity’s payment schedule; and

Applies to

Closing statement

The closing statement must itemize attorney’s fees and recipients, expended or expected costs, settlement-proceeds recipients and allocations, resolved and unresolved liens, and claims to be paid from the settlement proceeds.

F. Closing statement:  itemizing all attorney’s fees and the identity of each lawyer and law firm receiving all or part of the fees;  itemizing all costs expended or to be expended;  identifying all recipients of the settlement proceeds and the proposed allocation among them;  itemizing all resolved and unresolved liens, including outstanding balances owed; and  itemizing all claims, including unresolved claims, that will be paid with proceeds from the proposed settlement.

Applies to

Order

When the parties have filed deposition designations, counter-designations, and objections, they must provide a blank order containing the specified columns and a place for the court to rule.

If yes, provide a blank Order for the Court with columns for the designation (page and line), objection, and a place for the Court to rule.

Applies to

Demonstrative aids

Demonstrative aids may not be used during opening statement unless the parties agree or the court enters an order before trial begins.

Demonstrative aids may NOT be used during Opening Statement without (i) agreement or (ii) prior (before the first day of trial) court order.

Applies to

Stipulation

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

Applies to

Jury instructions

Originals of jury instructions and verdict forms must be filed with the clerk, and a Times New Roman 14-point double-spaced Microsoft Word copy must be emailed to the court.

File originals with the Clerk and provide a Copy in MS Word (in Times New Roman font – 14 pt. double spaced) - to the Court via email to 22osceola@ninthcircuit.org

Applies to

Motion in limine

Parties must comply with Division 22's Standing Order on motions in limine.

You must comply with Division 22’s Standing Order on Motions in Limine, found at www.ninthcircuit.org

Applies to

Order

When the parties have filed deposition designations, counter-designations, and objections, they must provide a blank order containing the specified columns and a place for the court to rule.

If yes, provide a blank Order for the Court with columns for the designation (page and line), objection, and a place for the Court to rule.

Applies to

Demonstrative aids

Demonstrative aids may not be used during opening statement unless the parties agree or the court enters an order before trial begins.

Demonstrative aids may NOT be used during Opening Statement without (i) agreement or (ii) prior (before the first day of trial) court order.

Applies to

Stipulation

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

Applies to

Jury instructions

Originals of jury instructions and verdict forms must be filed with the clerk, and a Times New Roman 14-point double-spaced Microsoft Word copy must be emailed to the court.

File originals with the Clerk and provide a Copy in MS Word (in Times New Roman font – 14 pt. double spaced) - to the Court via email to 22osceola@ninthcircuit.org

Applies to

Email

An email requiring immediate attention must expressly state “URGENT” in its subject line.

*URGENT* - if your email is requiring immediate attention, please explicitly state “URGENT” in the subject line.

Applies to

Notice of hearing

Must include

local rule certificate

A Certificate of Compliance must accompany every Notice of Hearing.

A Certificate of Compliance must be attached to the Notice of Hearing.

Applies to

Proposed order

Every proposed order must clearly state the opposing party's position regarding the motion being ruled on.

ANY/ALL PROPOSED ORDERS SUBMITTED TO THE COURT MUST CLEARLY STATE THE OPPOSING PARTY’S POSITION WITHIN THE MOTION BEING RULED ON OR WILL NOT BE CONSIDERED

Applies to

Notice of hearing

A Notice of Hearing for a Webex proceeding must contain the prescribed Webex appearance and telephone-access instructions.

If the hearing will be conducted via Webex, the Notice of Hearing must also include the following language: All Parties MUST appear via Webex Meetings. When it is time for your hearing, cut and paste this address into your internet browser: https://ninthcircuit.webex.com/meet/30osceola You will then wait in a waiting room until your Hearing is called and the Judge joins the Conference. To appear via telephone dial: Audio connection United States Toll (Jacksonville) +1-904-900-2303 Access code/meeting ID# 2347 557 1705

Applies to

Notice of hearing

Must include

proposed order

A party noticing a case for short matters must email chambers the Notice of Hearing, motion, and proposed order at least three business days before the hearing.

Any party who notices a case for short matters MUST provide an email copy of the Notice of Hearing, the Motion and a proposed order to chambers at least three business days before the hearing date.

Applies to

Final judgment

An attorney-represented uncontested dissolution final judgment requires a completed checklist, proposed final judgment, and previously filed agreements to be emailed to the court.

The Attorney Uncontested Dissolution Checklist must be completed and emailed to the Court, along with the proposed Final Judgement and all previously filed agreements.

Applies to

Final judgment

A final judgment in a case involving children must include the child's full name and date of birth and all child-support details.

Please remember that any Final Judgement in a case with children must include full names and dates of birth of the child and all child support details.

Applies to

Final judgment

The Written Final Hearing checklist, applicable agreements, and proposed Final Judgment must be emailed to the court, with the proposed judgment in Word format.

The Written Final Hearing checklist must be submitted to the Court by email along with all applicable agreements and the proposed Final Judgment in Word format.

Applies to

Income deduction order

An order or final judgment directing payments to the State Disbursement Unit must be accompanied by an Income Deduction Order and, for child support, an attached Income Withholding Order for simultaneous entry by the court.

When submitting an order or Final Judgment directing a party to make payments to the State Disbursement Unit, please submit an Income Deduction Order (with attached Income Withholding Order if there is child support) to be entered simultaneously by the Court.

Applies to

Income deduction order

The Obligor's full Social Security number must be entered in the order.

Ensure that the Obligor’s full Social Security number is entered.

Applies to

Motion

An emergency motion must include “Emergency Motion” in its title and detail the nature of the emergency.

A party requesting emergency action must include the words “Emergency Motion” in the title of the motion and must set forth in detail the nature of the emergency

Applies to

Expedited motion

An expedited motion must include the words “Expedited Motion” in its title.

An expedited motion must include the words “Expedited Motion” in the title

Applies to

Proposed order

When requested at a hearing, counsel must prepare and email the proposed order within seven days unless the Court sets a different deadline.

If the Court requests counsel to prepare an order at a hearing, counsel will prepare and submit the order to the Court via email within 7 days unless a different deadline is set by the Court at the hearing.

Applies to

Order

After Division 30 signs and electronically files an order, the attorney must provide a copy to any pro se litigant.

Once Orders have been signed and e-filed by division 30 it is the attorney’s responsibility to produce a copy to the Prose litigant if any

Applies to

Court paper

Must include

ai disclosure

A party using AI to prepare a filed paper must disclose that use in a clear factual statement and certify that all legal and record citations were independently verified.

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, and assigned to Judge McCarthy or Division 30, the party MUST, in a clear and plain factual statement, disclose that AI has been used in the filing, and CERTIFY, that each and every citation to the law or the record in the paper, has been independently verified as accurate.

Applies to

Notice of hearing

Must include

local rule certificate

A Certificate of Compliance must accompany every Notice of Hearing.

A Certificate of Compliance must be attached to the Notice of Hearing.

Applies to

Proposed order

Every proposed order must clearly state the opposing party's position regarding the motion being ruled on.

ANY/ALL PROPOSED ORDERS SUBMITTED TO THE COURT MUST CLEARLY STATE THE OPPOSING PARTY’S POSITION WITHIN THE MOTION BEING RULED ON OR WILL NOT BE CONSIDERED

Applies to

Notice of hearing

A Notice of Hearing for a Webex proceeding must contain the prescribed Webex appearance and telephone-access instructions.

If the hearing will be conducted via Webex, the Notice of Hearing must also include the following language: All Parties MUST appear via Webex Meetings. When it is time for your hearing, cut and paste this address into your internet browser: https://ninthcircuit.webex.com/meet/30osceola You will then wait in a waiting room until your Hearing is called and the Judge joins the Conference. To appear via telephone dial: Audio connection United States Toll (Jacksonville) +1-904-900-2303 Access code/meeting ID# 2347 557 1705

Applies to

Notice of hearing

Must include

proposed order

A party noticing a case for short matters must email chambers the Notice of Hearing, motion, and proposed order at least three business days before the hearing.

Any party who notices a case for short matters MUST provide an email copy of the Notice of Hearing, the Motion and a proposed order to chambers at least three business days before the hearing date.

Applies to

Final judgment

An attorney-represented uncontested dissolution final judgment requires a completed checklist, proposed final judgment, and previously filed agreements to be emailed to the court.

The Attorney Uncontested Dissolution Checklist must be completed and emailed to the Court, along with the proposed Final Judgement and all previously filed agreements.

Applies to

Final judgment

A final judgment in a case involving children must include the child's full name and date of birth and all child-support details.

Please remember that any Final Judgement in a case with children must include full names and dates of birth of the child and all child support details.

Applies to

Final judgment

The Written Final Hearing checklist, applicable agreements, and proposed Final Judgment must be emailed to the court, with the proposed judgment in Word format.

The Written Final Hearing checklist must be submitted to the Court by email along with all applicable agreements and the proposed Final Judgment in Word format.

Applies to

Income deduction order

An order or final judgment directing payments to the State Disbursement Unit must be accompanied by an Income Deduction Order and, for child support, an attached Income Withholding Order for simultaneous entry by the court.

When submitting an order or Final Judgment directing a party to make payments to the State Disbursement Unit, please submit an Income Deduction Order (with attached Income Withholding Order if there is child support) to be entered simultaneously by the Court.

Applies to

Income deduction order

The Obligor's full Social Security number must be entered in the order.

Ensure that the Obligor’s full Social Security number is entered.

Applies to

Motion

An emergency motion must include “Emergency Motion” in its title and detail the nature of the emergency.

A party requesting emergency action must include the words “Emergency Motion” in the title of the motion and must set forth in detail the nature of the emergency

Applies to

Expedited motion

An expedited motion must include the words “Expedited Motion” in its title.

An expedited motion must include the words “Expedited Motion” in the title

Applies to

Proposed order

When requested at a hearing, counsel must prepare and email the proposed order within seven days unless the Court sets a different deadline.

If the Court requests counsel to prepare an order at a hearing, counsel will prepare and submit the order to the Court via email within 7 days unless a different deadline is set by the Court at the hearing.

Applies to

Order

After Division 30 signs and electronically files an order, the attorney must provide a copy to any pro se litigant.

Once Orders have been signed and e-filed by division 30 it is the attorney’s responsibility to produce a copy to the Prose litigant if any

Applies to

Court paper

Must include

ai disclosure

A party using AI to prepare a filed paper must disclose that use in a clear factual statement and certify that all legal and record citations were independently verified.

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, and assigned to Judge McCarthy or Division 30, the party MUST, in a clear and plain factual statement, disclose that AI has been used in the filing, and CERTIFY, that each and every citation to the law or the record in the paper, has been independently verified as accurate.

Applies to

Notice of hearing

The moving party must coordinate, serve, and file a Notice of Hearing containing the Judicial Assistant’s meeting link.

Moving party must coordinate, serve, and file a Notice of Hearing Notice of containing the meeting link as provided by the Judicial Assistant.

Applies to

Hearing request

An emailed hearing request must contain the specified scheduling, party, case, motion, hearing, interpreter, transportation, and injunction information.

The emailed hearing request to the JA must include all of the following:  Date and time of the “meet and confer” conference  Both Petitioner’s and Respondent’s Name and Attorney’s Name  Case Number  Length of Time Being Requested  DR only: Date/Time being requested & DV Companion Case  Whether the Hearing is Evidentiary in Nature (Testimony or Evidence Expected)  Title of Motion and Date Filed  Requesting in person hearing?  If DV, Whether an Interpreter is Needed, and Language Requested  Whether any Party is in Jail and Needs to be Transported to Court  Whether there’s an active Injunction between the parties and the case number (if known)

Applies to

Notice of hearing

The Notice of Hearing must include the video-hearing information.

The video hearing information must be included in the Notice of Hearing.

Applies to

Motion

Must include

proposed order

When the parties do not agree to a virtual appearance, the requesting party or attorney must file a motion and email the e-filed motion and proposed order in Word format to the division email no later than two business days before the hearing.

If there is no agreement, the party or attorney requesting a virtual appearance should file a Motion and send a copy of the e-filed Motion and proposed Order in Word format to the division email while scheduling the hearing, or no later than two business days before the hearing.

Applies to

Motion

A motion requesting a virtual appearance must state good cause and include the opposing party’s position.

The Motion should state the good cause basis for a virtual appearance and include the opposing party’s position on the request.

Applies to

Notice of hearing

Attorneys must file a Notice of Hearing.

Attorneys must file a Notice of Hearing.

Applies to

Emergency motion

An emergency motion must explain in detail the emergency circumstances 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.

Applies to

Pretrial memorandum

A joint pretrial memorandum containing stipulations or proposed stipulations is required.

2. Pre-Trial Memorandum: The UPTO requires a Joint Pre-Trial Memorandum with stipulations or proposed stipulations.

Applies to

Equitable distribution spreadsheet

A joint equitable distribution spreadsheet is required.

3. Equitable Distribution Spreadsheet: The UPTO requires a Joint Equitable Distribution Spreadsheet.

Applies to

Financial affidavits

Updated financial affidavits are required pretrial submissions.

4. Updated Financial Affidavits

Applies to

Notice of hearing

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”).

Applies to

Proposed order

Must include

certificate of service

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.

Applies to

Motion

Must include

certificate of conference

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.

Applies to

Notice of hearing

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.

Applies to

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.

Applies to

Cross notice

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.

Applies to

Notice of hearing

Must include

local rule certificate

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.

Applies to

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.

Applies to

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.

Applies to

Emergency 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.

Applies to

Withdrawal motion

Must include

certificate of service

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.

Applies to

Cover letter

Must include

notice of electronic filing

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.

Applies to

Proposed order

Must include

certificate of service

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.”

Applies to

Pretrial checklist

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.”

Applies to

Jury instructions

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.

Applies to

Pretrial checklist

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.

Applies to

Deposition submission

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.

Applies to

Stipulation

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

Applies to

Pretrial checklist

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.

Applies to

Deposition submission

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.

Applies to

Stipulation

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

Applies to

Joint equitable distribution spreadsheet

When property will be distributed, the parties must prepare a joint equitable distribution spreadsheet and attach any stipulated values.

If there is property to be distributed, prepare a joint equitable distribution spreadsheet, including each party’s suggested value of marital and non-marital real and personal property and debts, and any stipulated values shall be attached.

Applies to

Joint pretrial statement

After the attorney or self-represented-party meeting, the petitioner must prepare and present a proposed joint pretrial statement signed by all participants, file it with the clerk, and deliver a copy to the judge at least five business days before the pretrial conference.

Following the meeting of attorneys and/or self- represented parties, counsel for the Petitioner or the Petitioner, if self-represented, shall prepare and present a proposed joint pretrial statement to counsel for the Respondent, or the Respondent if self-represented. The statement shall be signed by all attorneys and self- represented parties, filed with the Clerk, with a copy delivered to the judge no later than five (5) business days before the pre-trial conference.

Applies to

Joint pretrial statement

For dissolution-of-marriage and paternity cases, the Joint Pretrial Statement must contain the listed child, income, support, insurance, special-needs, contact-schedule, GAL-report, reimbursement, and stipulation information when the related relief is at issue.

SECTIONS A&B ARE FOR DISSOLUTION OF MARRIAGE CASES AND PATERNITY CASES A. Whether this is an original action or whether this is a supplemental proceeding. B. The Child(ren) a. Full names, ages, and dates of birth of the child(ren). b. Current time-sharing practiced and whether the time sharing is in place by Court order or by agreement of the parties. ===== PAGE 4 ===== c. The gross and net incomes of each party pursuant to F.S. §61.30 for the purpose of setting child support, and the basis for the amount of income (pay stub, W-2, Federal Income Tax Return, etc. d. For child support: i. Amount of child support requested, pursuant to Florida Statutes. ii. Any retroactive, arrearage, or credit for support payments at issue and a proposed calculation and/or amount of each e. Any retroactive, arrearage, or credit for support payments at issue and a proposed calculation and/or amount of each. f. Any medical/dental/vision insurance policy for the child(ren) and the out-of- pocket premium amounts for the children only. g. Any special needs issues, including but not limited to medical, emotional, or education, regarding the child(ren) that may affect time sharing or child support and what that effect may be. h. Proposed contact schedule or reference to a filed Parenting Plan, as long as that Parenting Plan is complete. Include transportation and other specifics of the proposal, such as place and time for exchanges of the child(ren). i. GAL report and any agreement about whether the Court may consider the GAL report and any stipulations to hearsay in the report. j. For Paternity Cases only, whether the Mother is seeking reimbursement of any expenses of childbirth, and if so, in what amount along with a list of the documentation being provided to show the expenses. k. Reference any stipulations not included above.

Applies to

Joint pretrial statement

For dissolution-of-marriage cases, the Joint Pretrial Statement must contain the specified marriage, separation, alimony, and retroactive-payment information when alimony is at issue.

SECTIONS C-F ARE FOR DISSOLUTION OF MARRIAGE CASES ONLY C. Alimony a. The Marriage: i. Date and place of marriage ii. Date of separation b. Amount of alimony proposed by each party. c. Nature of the alimony, i.e. specific type, term, and amount of alimony proposed by each party. d. Any retroactive, arrearage, or credit for payments that are an issue.

Applies to

Joint pretrial statement

For dissolution-of-marriage cases, the Joint Pretrial Statement must list all real property to be divided, including each parcel’s address, legal description, and identification number when real property is at issue.

D. Real Property a. A list of all real property to be divided, including the address of each parcel of property, the legal description(s) of each and the identification number

Applies to

Joint pretrial statement

When personal property exceeds four items, the items must be included in a joint equitable distribution spreadsheet instead of being listed individually.

E. Personal Property If over four items, these should instead be included in a joint equitable distribution spreadsheet.

Applies to

Joint pretrial statement

When debts exceed four items, the debts must be included in a joint equitable distribution spreadsheet instead of being listed individually.

F. Debts If over four items, these should instead be included in a joint equitable distribution spreadsheet.

If attorney fees will be litigated at trial, an affidavit of fees must be attached, and a supplemental affidavit is permitted.