Judge David S. Wainer III
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Notice Of Hearing
Adjournments
- A case remains on the docket unless an order continues it.
- A continuance motion must be written, state its reason, indicate whether the other party objects, state when the case is expected to be ready for trial, and be signed by the requesting party absent good cause.
- A party may not seek a continuance based on inability to secure a witness’s attendance unless a subpoena was issued and served, or service was attempted, at least 10 days before trial.
- +2 more
Request must include
Communication
Chambers
Document Format Requirements2 rules
Checked against the court's document on Oct 10, 2026Mandatory
5. STIPULATIONS: Stipulated agreements will be considered by the Judge and the proposed orders are to be sent to the Judicial Assistant via e-mail in Word Format.
Not confirmed. Read the court's wording below.Mandatory?
ALL PROPOSED ORDERS MUST BE SUBMITTED IN WORD FORMAT TO LOGLETREE@CIRCUIT7.ORG
Document Filing Requirements38 rules
Checked against the court's document on Oct 10, 2026Mandatory
AND MUST INCLUDE REPRESENTATION REGARDING WHETHER IT IS AGREED TO BY ALL PARTIES
DocumentProposed Order
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3. NOTICE OF HEARING: The parties requesting a hearing must prepare and file a notice of hearing. The notice must include the case number, name of the motion and the time and location of the hearing.
DocumentNotice Of Hearing
Checked against the court's document on Oct 10, 2026Mandatory
STATE IN YOUR MOTION THE POSITION OF OPPOSING COUNSEL – WHETHER OR NOT THEY OBJECT TO THE MOTION.
DocumentMotion
Checked against the court's document on Oct 10, 2026Mandatory
7. WITHDRAW/SUBSTITUTION OF ATTORNEY: A motion to withdraw or substitute counsel must meet the requirements of the Florida Rules of Judicial Administration - Rule 2.505.
DocumentMotion To Withdraw Or Substitute Counsel
Checked against the court's document on Oct 10, 2026Mandatory
•All attorneys and self-represented litigants must bring sufficient copies of each exhibit for the clerk, the court, and each party to review during the hearing or trial.
DocumentExhibits
Checked against the court's document on Oct 10, 2026Mandatory
A Final Judgment may not be entered by the court until a certificate of completion is filed with the clerk.
DocumentFinal Judgment
Checked against the court's document on Oct 10, 2026Mandatory
An expert-witness notice must be filed and served by 30 days before docket sounding and include each expected expert’s name, address, telephone number, area of expertise, and testimony subject matter.
No later than thirty (30) days before docket sounding, each party shall file with the Court and serve on the other party a notice containing the names, addresses and telephone numbers of each expert witness whom the noticing party in good faith expects to call as a witness at trial. For each expert witness listed, the noticing party shall also designate the witness’ area of expertise and the subject matter about which the witness will testify (e.g. certified public accountant - valuation of Respondent’s business).
DocumentExpert Witness Notice
Checked against the court's document on Oct 10, 2026Mandatory
A non-expert-witness notice must be filed and served at least 30 days before docket sounding and include each expected witness’s name and address.
No less than thirty (30) days prior to docket sounding, each party will file with the Court, and serve on the other party, a notice containing the names and addresses of each non-expert witness whom the noticing party in good faith expects to call as a witness at trial.
DocumentNon Expert Witness Notice
Checked against the court's document on Oct 10, 2026Mandatory
Each motion shall contain a certificate of the movant's attorney if represented (or the moving party if unrepresented) certifying his/her compliance with this requirement.
DocumentMotion
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The annotated copies of the witness lists will be attached to the joint pre-trial statement required by paragraph 9(b) of this Order.
DocumentJoint Pretrial Statement
Checked against the court's document on Oct 10, 2026Mandatory
The annotated copies of the exhibit lists will be attached to and made a part of the joint pre- trial statement required by paragraph 9(b) of this Order.
DocumentJoint Pretrial Statement
Checked against the court's document on Oct 10, 2026Mandatory
(7) A current estimate of the time required for trial.
DocumentJoint Pretrial Statement
Checked and corrected to match the court's document on Oct 10, 2026Mandatory
responsibility” will be sought by either party, a brief factual basis supporting it shall be stated in the Pre-Trial Statement.
DocumentPretrial Statement
Checked against the court's document on Oct 10, 2026Mandatory
The plea form includes counsel’s certification that the defendant has been advised about the charges, evidence, defenses, maximum penalty, appeal rights, written promises, and consequences of the plea, and enters it voluntarily.
I defendant’s counsel of record, certify that: I have discussed this case with the defendant child, including the nature of the charge(s), essential elements of each, the evidence against him/her of which I am aware, the possible defenses he/she has, the maximum penalty for the charge(s) and his/her rights to appeal. No promises have been made to the defendant other than as set forth in writing below. I believe he/she fully understands this written plea, the consequences of entering it, and the defendant does so of his/her own free will.
DocumentPlea Form
Checked against the court's document on Oct 10, 2026Important
A party may amend or supplement his/her witness list without leave of Court at any time until the deadline for the filing of witness lists set forth in paragraphs 3(a) and (b) above. If a witness list is amended or supplemented, it shall be restated infull.
DocumentWitness List
Checked against the court's document on Oct 10, 2026Important
If an attorney believes the opposing party is not in good faith compliance with the disclosure requirements of this Pre-Trial Order, then that attorney shall not be required to file a Pre-Trial Statement that is not truly mutual.
DocumentJoint Pretrial Statement
Not confirmed. Read the court's wording below.Mandatory?
(2) A list of issues raised by the pleadings which are abandoned.
DocumentJoint Pretrial Statement
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(1) A statement of facts which are admitted and which of those admitted facts may be read in evidence at trial as a stipulation of the parties.
DocumentJoint Pretrial Statement
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(5) The annotated copy of each party’s list of exhibits showing objections required by paragraph 9(a)(2) of this Order.
DocumentJoint Pretrial Statement
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(6) The annotated copy of each party’s witness list as required by paragraph 9(a)(3) of this Order.
DocumentJoint Pretrial Statement
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(3) A list of the issues of fact to be tried.
DocumentJoint Pretrial Statement
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The statement shall be signed by all attorneys and parties;
DocumentJoint Pretrial Statement
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(4) A list of significant issues of law, procedure or evidence, if any, to be determined by the Court prior to or during trial.
DocumentJoint Pretrial Statement
Not confirmed. Read the court's wording below.Mandatory?
c. Shared parental responsibility shall be ordered pursuant to Section 61.13, Florida Statutes unless the Court finds it will be detrimental to the child.
DocumentJoint Pretrial Statement
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c. List of all vested and nonvested benefits, rights or funds as defined by Section 61.076, Fla. Stat. and suggested distribution for each plan.
DocumentJoint Pretrial Statement
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e. List any asset which shall be asserted either as a claim for unequal distribution of marital property and resolved by the factors set forth in subsection (1) or as a claim of enhancement in value or appreciation of non-marital property; stating the extent of the claim and a brief explanation in support of it.
DocumentJoint Pretrial Statement
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(8) Financial affidavits of both parties, as supplemented, and all other mandatory disclosure required by Rule 12.285, Fla. Fam. L. R. P.
DocumentJoint Pretrial Statement
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d. List of all liabilities, designating each as “marital” or “nonmarital” and stating amount and name of creditor.
DocumentJoint Pretrial Statement
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(9) Equitable Distribution Worksheet shall be prepared by each party to state the following:
DocumentJoint Pretrial Statement
Not confirmed. Read the court's wording below.Mandatory?
(10) If there are minor children, the following shall be provided:
DocumentJoint Pretrial Statement
Not confirmed. Read the court's wording below.Mandatory?
a. Each party’s list of alleged “marital” assets, suggested valuations for each asset (real and personal property), suggested distribution for each pursuant to Section 61.075, Fla. Stat. and proposed brief factual findings in support of each asset’s distribution.
Summary: Each party’s Equitable Distribution Worksheet must list alleged marital assets, proposed valuations and distributions, and brief supporting factual findings.
DocumentJoint Pretrial Statement
Not confirmed. Read the court's wording below.Mandatory?
b. A completed child support guideline worksheet calculated in accordance with Section 61.30, Florida Statutes.
DocumentJoint Pretrial Statement
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a. A Parenting Plan outlining time-sharing with minor child(ren), even when time- sharing is not in dispute. The Parenting Plan must be developed and agreed to by the parents and approved by the court. (Supreme Court approved form available at www.flcourts.org) If the parties cannot agree to a Parenting Plan or if the parents agreed to a plan that is not approved by the court, a Parenting Plan will be established by the court.
Summary: If there are minor children, provide a Parenting Plan even if time-sharing is undisputed; the parents must develop and agree to it, and it requires court approval, otherwise the court will establish a plan.
DocumentJoint Pretrial Statement
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b. List of all assets claimed to be “nonmarital” together with suggested valuation and brief statement in support of claim.
DocumentJoint Pretrial Statement
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Parent/guardian and the child must read and initial each line to show that you understand the following:
DocumentPlea Form
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1. I hereby consent to the entry of the plea to the charge(s) listed on page one. 2. The State Attorney’s Office makes the following plea agreement with the child:
DocumentCertificate Of Prosecution
Not confirmed. Read the court's wording below.Important?
If attorney’s fees are sought, then the parties are directed to read Rule 4-1.5, Rules Regulating Florida Bar; §61.16, Florida Statutes; Rosen v. Rosen, 696 So.2d 697 (Fla. 1997); Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Naugle v. Naugle, 632 So.2d 1146 (Fla. 5th DCA 1994) and Abernethy v. Abernethy, 638 So.2d 160 (Fla. 5th DCA 1994).
Summary: If attorney’s fees are sought, the parties are directed to read the listed rules, statute, and cases.
DocumentJoint Pretrial Statement
Not confirmed. Read the court's wording below.Important?
To the extent the parties differ as to how portions of the pre-trial statement should read, the differing views should be set forth in the statement.
DocumentJoint Pretrial Statement
Filing & Service rules
Electronic Filing Rules
Motions must be electronically filed with the Clerk before a hearing will be scheduled.
1. MOTIONS: must be e-filed with the Clerk before a hearing will be scheduled.
Checked against the court's document on Oct 10, 2026
Page 1 | MOTIONS
Printed exhibits must be hand-delivered or mailed to the clerk of court.
• Submission Method: Hand-deliver or mail all printed exhibits to the clerk of court.
Not confirmed. Read the court's wording below.
Page 2 | HEARING MATERIALS
Filing Timing and Cure Windows
The Report on Mediation must comply with Rule 12.740(f) and be filed before docket sounding.
The Report on Mediation shall be prepared in accordance with Rule 12.740(f), Fla. Fam. L. R. P., and filed with the court prior to docket sounding.
Checked against the court's document on Oct 10, 2026
Page 1 | REFERRAL TO FAMILY MEDIATION; DEADLINE
Petitioner’s counsel, or Respondent’s counsel if Petitioner is unrepresented, must submit a mutually agreeable mediation order at least 30 days before docket sounding.
Petitioner’s counsel, (or Respondent’s counsel if Petitioner is unrepresented), shall submit a mutually agreeable mediation order to the Court at least thirty (30) days prior to docket sounding.
Checked against the court's document on Oct 10, 2026
Page 1 | REFERRAL TO FAMILY MEDIATION; DEADLINE
A qualifying Daubert challenge must be raised by a motion in limine at least 30 days before trial or it is waived absent good cause.
Any challenge to the admissibility of evidence at trial asserted to be “novel scientific evidence” or based on a contention that anticipated expert testimony does not meet the requirements of Section 90.702, Florida Statutes, and seeking a court ruling in accordance with the decision of Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), must be raised by a motion in limine filed at least thirty (30) days before the trial date. Failure to meet this deadline shall be deemed a waiver, absent good cause.
Checked against the court's document on Oct 10, 2026
Page 3 | DAUBERT HEARINGS
Discovery remains open until 10 days before trial unless otherwise provided in the procedures or the parties agree in writing.
Except as otherwise provided herein or agreed to by the parties in writing, discovery shall remain open until ten (10) days prior to the trialdate.
Checked against the court's document on Oct 10, 2026
Page 2 | DISCOVERY
Motions filed within 30 days of trial will not be considered when based on matters the movant knew or reasonably should have known at least 30 days before trial.
Motions filed within thirty (30) days of the trial date will not be considered if predicated on matters the movant knew or should have known with the exercise of reasonable diligence at least thirty (30) days prior to the trial date.
Checked against the court's document on Oct 10, 2026
Page 3 | PRE-TRIAL MOTIONS
The original joint pre-trial statement must be filed with the Clerk and one copy sent to the Judge by docket sounding.
the original shall be filed with the Clerk and one copy mailed or delivered to the Judge no later than docket sounding.
Not confirmed. Read the court's wording below.
Page 5 | JOINT PRE-TRIAL STATEMENT
Expert witnesses must be ready to testify and reasonably available for deposition at least 30 days before docket sounding.
All expert witnesses must be ready to testify and be reasonably available for deposition no less than thirty (30) days before docket sounding.
Not confirmed. Read the court's wording below.
Page 2 | WITNESS LISTS
Service and Proof of Service Rules
Case law or other materials not otherwise mandated must be provided to the Court and opposing counsel at least three business days before the hearing.
8. HEARING MATERIALS: If you want the Court to review or consider any case law or other materials not already mandated by rule or statute, those materials must be provided to the Court and opposing counsel not less than three business days prior to the hearing.
Checked and corrected to match the court's document on Oct 10, 2026
Page 2 | HEARING MATERIALS
Each party must file an expert-witness notice with the Court and serve it on the other party no later than 30 days before docket sounding.
No later than thirty (30) days before docket sounding, each party shall file with the Court and serve on the other party a notice containing the names, addresses and telephone numbers of each expert witness whom the noticing party in good faith expects to call as a witness at trial.
Checked and corrected to match the court's document on Oct 10, 2026
Page 1 | WITNESS LISTS — EXPERT WITNESSES
Interrogatories, requests to produce, and requests for admissions may not be served later than 45 days before trial, except by written stipulation or Court order; the deadline does not apply to the specified trial subpoenas or Notices to Produce.
No interrogatories, requests to produce or requests for admissions shall be served later than forty-five (45) days prior to the trial date. Exceptions shall be permitted only by written stipulation of the parties or by Court order. However, the deadlines in this section shall not apply to service of a subpoena duces tecum to a witness for trial or service of a Notice To Produce at trial upon a party which are otherwise in accordance with the Rules of Civil Procedure and Family Law Rules of Procedure.
Checked and corrected to match the court's document on Oct 10, 2026
Page 2 | DISCOVERY
Each party must file the non-expert-witness notice with the Court and serve it on the other party at least 30 days before docket sounding.
No less than thirty (30) days prior to docket sounding, each party will file with the Court, and serve on the other party, a notice containing the names and addresses of each non-expert witness whom the noticing party in good faith expects to call as a witness at trial.
Checked and corrected to match the court's document on Oct 10, 2026
Page 2 | WITNESS LISTS — NON-EXPERT WITNESSES
When counsel withholds compliance under the stated exception, counsel must obtain a pre-trial conference date and mail or serve notice on opposing counsel within 15 days after the joint-statement filing deadline passes.
In that event, counsel may withhold compliance provided a date for Pre-Trial Conference before the presiding judge is obtained, and notice mailed or served on opposing counsel not more than 15 days after the passing of the deadline for filing of the Joint Pre- Trial Statement under this paragraph.
Checked and corrected to match the court's document on Oct 10, 2026
Page 5 | JOINT PRE-TRIAL STATEMENT
Attorneys and unrepresented parties must not time filings or service to unfairly limit the other party’s opportunity to respond and must consult in good faith about scheduling to avoid conflicts.
No attorney or unrepresented party shall time the filing or service of motions or pleadings in any way that unfairly limits the other party's opportunity to respond, and each will consult with the other regarding scheduling matters in a good faith effort to avoid scheduling conflicts.
Checked against the court's document on Oct 10, 2026
Page 8 | 13. STANDARDS OF CONDUCT
Courtesy Copy Requirements
A courtesy copy of the notice of hearing must be emailed to the Judicial Assistant.
A courtesy copy of the Notice of Hearing shall be sent to the Judicial Assistant via e-mail.
Checked against the court's document on Oct 10, 2026
Page 1 | NOTICE OF HEARING
Pre-Motion Conference Requirements
For an in-person hearing, a motion to attend by Zoom must be heard and granted by an order before the underlying hearing date.
4. APPEARING VIRTUALLY/REMOTELY: If a hearing is noticed for in-person, a party, attorney, or attendee can file a motion to be allowed to attend via zoom. The motion to appear electronically must be heard and an order granting it entered PRIOR to the date of the underlying hearing.
Checked against the court's document on Oct 10, 2026
Page 1 | APPEARING VIRTUALLY/REMOTELY
Before filing any motion, the moving party must contact the opposing party and make a good-faith attempt to resolve the motion's issues amicably.
Before any motion is filed, the moving party shall contact the opposing party and attempt, in good faith, to amicably resolve the issues raised by the motion(s).
Checked and corrected to match the court's document on Oct 10, 2026
Page 3 | PRE-TRIAL MOTIONS
Adjournment & Extension Requirements
A continuance motion must be written, state its reason, indicate whether the other party objects, state when the case is expected to be ready for trial, and be signed by the requesting party absent good cause.
Motions for continuance must be in writing and specifically set forth: (a) the reason for the requested continuance; (b) if the other party objects to the requested continuance and; (c) when it is anticipated the case will be ready for trial, and (d) except for good cause shown, all motions for continuance shall be signed by the party requesting the continuance.
Checked against the court's document on Oct 10, 2026
Page 2 | CONTINUANCES
An extension that would continue trial or prevent mediation before docket sounding is prohibited; agreed extensions require a signed, filed stipulation, and other extensions or modifications require court approval.
No extension of deadlines or compliance dates established by this Order is permitted if the extension or modification would cause a continuance of the trial or would prevent the completion of mediation prior to docket sounding. Any extension or modification agreed to shall be by written stipulation signed by all parties to this action and filed with the Court. Any other extension of the deadlines or compliance dates established herein or modifications of this Order requires Court approval.
Checked against the court's document on Oct 10, 2026
Page 7 | 12. EXTENSION OF TIME LIMITS
A case remains on the docket unless an order continues it.
6. CONTINUANCES: Unless you have an order continuing your case, your case is still on the docket.
Checked against the court's document on Oct 10, 2026
Page 1 | CONTINUANCES
A party's inability to obtain hearing time for a motion filed close to the deadline generally is not grounds for continuing trial.
Because of busy court calendars, hearing time may not be available to consider motions filed close to the deadline. The inability of a party to obtain hearing time will generally not constitute grounds for a continuance of the trial.
Checked against the court's document on Oct 10, 2026
Page 3 | PRE-TRIAL MOTIONS
A party may not seek a continuance based on inability to secure a witness’s attendance unless a subpoena was issued and served, or service was attempted, at least 10 days before trial.
The inability to require the attendance of a witness at trial shall not be the basis for continuance of the trial unless a witness subpoena was issued and served on the witness (or was attempted to be served on the witness) at least ten (10) days prior to the trial date.
Not confirmed. Read the court's wording below.
Page 2 | CONTINUANCES
Chambers Communication Rules
Proposed orders for stipulated agreements must be emailed to the Judicial Assistant.
5. STIPULATIONS: Stipulated agreements will be considered by the Judge and the proposed orders are to be sent to the Judicial Assistant via e-mail in Word Format.
Checked against the court's document on Oct 10, 2026
Page 1 | STIPULATIONS
Hearings must be coordinated with opposing counsel; parties may email the Judicial Assistant for a possible date and time, and internet calendaring is not used.
2. ALL HEARINGS: Must be coordinated with opposing counsel. For your convenience, you may e-mail the Judicial Assistant for a possible date and time. (We do NOT use internet calendaring)
Checked against the court's document on Oct 10, 2026
Page 1 | ALL HEARINGS
Proposed orders must be submitted by email to the Judicial Assistant.
ALL PROPOSED ORDERS MUST BE SUBMITTED IN WORD FORMAT TO LOGLETREE@CIRCUIT7.ORG
Not confirmed. Read the court's wording below.
Page 1 | PROCEDURES