Seventh Judicial Circuit of Florida, Volusia, Flagler, Putnam, St. Johns Document Filing Requirements

CRITICALCriminal cases

Applies to

Out of county plea notification email

The out-of-county plea notification email must include the county and case number and attach the charging affidavit or VOP affidavit.

• Procedure: In order for a Defendant to enter a plea in a case pending in Flagler, Putnam, or St. Johns counties, you must notify the Clerk’s office at VolusiaCriminal@clerk.org and the Court’s Judicial Assistant at klloyd@circuit7.org least 24 hours prior to the plea hearing. You must include in your email the county and case number, and you must attach the charging affidavit or the VOP affidavit.

CRITICAL

Applies to

Deposition notice

A remote deposition notice must identify the virtual video conference platform.

The deposition notice for any remote deposition shall identify the virtual video conference platform.

CRITICALCriminal cases

Applies to

Notice of hearing

A notice of hearing involving a remote appearance must include the Zoom meeting information.

A notice of hearing involving any remote appearance must list the Zoom meeting information.

CRITICAL

Applies to

Deposition notice

A remote deposition notice must generally describe how participants may access the deposition.

The notice shall also contain a general description of how deposition participants may access the remote deposition.

CRITICAL

Applies to

Notice of remote proceeding

Notices of remote proceedings must include the specified video-conferencing, appearance, recording, and telephone-participation information; unique links and login information are preferred.

All notices of remote proceedings must (i) indicate that the proceeding will occur by video con- ferencing; (ii) include, if available, the video conferencing details, including links and login infor- mation; (iii) state that no party or counsel should appear in person at the proceeding; (iv) indicate whether the proceedings will be video-recorded and identify the videographer as required by Ap- plicable Laws, Rules, and Procedures; and (v) provide instructions for participation by telephone if a self-represented party does not have access to the video conferencing platform that is being used. For security purposes, unique links and login information are preferred.

CRITICALCriminal cases

Applies to

Notice of hearing

Must include

case number

A notice of hearing must identify the case and number, hearing date, time and location, matters to be heard and their docket numbers or filing dates, presiding judge, and time reserved.

A notice of hearing must including the following minimum information: the case style including case number; the date, time, and location of the hearing; the matter(s) to be heard including docket number or filing date of each motion; the judge presiding over the hearing; and the amount of time reserved for the hearing.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Applies to

Conference request

A request for a case management or status conference must explain why the conference is necessary.

• Requirements: Any request by a party for a CMC or status conference must articulate the reasons for the necessity of the conference.

CRITICAL

Applies to

Hearing cancellation request

All parties must agree before a scheduled hearing may be cancelled.

All parties must agree to the cancellation.

CRITICAL

Applies to

Notice of hearing

A notice of hearing involving a remote appearance must include the Zoom meeting information.

A notice of hearing involving any remote appearance must also include the Zoom meeting information.

CRITICAL

Applies to

Emergency motion

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

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 issue(s) to be resolved, (2) the reason(s) why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICAL

Applies to

Notice of hearing

A notice of hearing must identify the case, hearing details, matters to be heard, and time reserved.

A notice of hearing must include the following information: 1) the case style and case number; 2) the date, time, and location of the hearing; 3) the matter(s) to be heard including docket number or filing date of each motion; and 4) the amount of time reserved for the hearing.

CRITICAL

Applies to

Cross notice of hearing

A cross-notice must state that all parties agree to the additional motions and confirm adequate hearing time.

A cross-notice of hearing must indicate that all parties agree to the additional motion(s) being heard and must confirm that there is adequate time to hear the additional motion(s).

CRITICAL

Applies to

Jury instructions

The assigned Assistant State Attorney must send a complete set of jury instructions, including the verdict form, in Word Format to the Judicial Assistant by noon on the Friday before jury selection; defense counsel must send requested instructions by the same deadline.

A complete set of jury instructions, including the verdict form, must be sent in Word Format by the Assigned Assistant State Attorney to the Court’s Judicial Assistant at jalbright@circuit7.org by no later than NOON on the Friday preceding jury selection. Defense counsel must also send any requested instructions by that same time.

CRITICAL

Applies to

Proposed order submission email

The email submitting a proposed order must state whether all parties agree as to its form.

The email must indicate whether all parties agree as to the form of the order.

CRITICAL

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.

CRITICAL

Applies to

Remote appearance request

Must include

proposed order

A request to appear using communication technology must be made by motion with a proposed order, a courtesy copy emailed to the Judicial Assistant, and submitted at least 24 hours before the proceeding.

Requests to use communication technology for an appearance must be made BY MOTION AND PROPOSED ORDER with a Courtesy Copy to the Court’s Judicial Assistant at jalbright@circuit7.org, and must be submitted no less than 24 hours prior to the proceeding for which the request is submitted.

CRITICAL

Applies to

Plea notification email

The plea-notification email must identify the county and case number and include the charging affidavit or VOP affidavit as an attachment.

You must include in your email the county and case number, and you must attach the charging affidavit or the VOP affidavit.

CRITICAL

Applies to

Notice of hearing

A hearing notice involving a remote appearance must include the Zoom meeting information.

A notice of hearing involving any remote appearance must list the Zoom meeting information.

CRITICAL

Applies to

Notice of hearing

Must include

judge name, case number

A hearing notice must identify the case, hearing details, matters and motion identifiers, presiding judge, and reserved time.

A notice of hearing must include the following minimum information: the case style including case number; the date, time, and location of the hearing; the matter(s) to be heard including docket number or filing date of each motion; the judge presiding over the hearing; and the amount of time reserved for the hearing.

CRITICAL

Applies to

Civil hearing

Civil hearings scheduled for at least one hour or involving evidence must be attended in person.

FOR CIVIL HEARINGS: All hearings regardless of the number of matters to be heard, scheduled for one hour or longer or that are evidentiary must be attended in person.

CRITICAL

Applies to

Emergency motion

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

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) the reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICAL

Applies to

Notice of hearing

Every hearing notice 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.

CRITICAL

Applies to

Notice of remote appearance

A defendant wishing to appear remotely must file a Notice of Remote Appearance form with the Clerk’s office and contact the office for instructions on obtaining and filing it.

Any Defendant wishing to appear remotely must file a Notice of Remote Appearance form with the Clerk’s office. Contact the Clerk’s office for directions on obtaining and filing the appropriate form.

CRITICALCivil cases

Applies to

Notice of hearing

A Notice of Hearing must state the hearing location and must not state that the hearing is by Zoom only.

b) The Notice mu s t s pecify the location of the hearing. Notices s hall not s pecify that a hearing is by Zoom only since in-pers on appearances are permitted at any hearing and is r equ ir ed for all evidentiary hearings and hearings s cheduled for one hou r or longer.

CRITICALCivil cases

Applies to

Notice of hearing

A Notice of Hearing must be filed and must identify the motion or motions to be heard; the hearing time will be cancelled if no notice is filed.

PLEASE PREPARE A NOTICE OF HEARING AND INCLUDE THE FOLLOW ING: a) Motion(s ) to be heard. Your hea ring time will be ca ncelled if no notice is filed.

CRITICAL

Applies to

Motion to compel

A proposed ex parte discovery-compelling order requires written notice giving the opposing party 10 days to provide discovery, and the notice must be attached to the motion to compel.

If you are sending in a proposed ex-parte order compelling the production of discovery, you must comply with Administrative Order CV-2022-004-SC which requires written notice to the opposing party giving 10 days to provide discovery and attaching that notice to the motion to compel.

CRITICAL

Applies to

Notice of hearing

A unilateral hearing notice must identify itself as unilateral, and the scheduling party must certify in writing that reasonable coordination efforts were made.

The notice of hearing shall indicate that it is unilaterally scheduled, and the party (or counsel) must certify in writing that they have made good faith, reasonable efforts to coordinate the scheduling of the hearing with the opposing parties.

CRITICALCriminal cases

Applies to

Email

The request email must identify the defendant and Volusia County case number, include the out-of-county case numbers and charging documents, include a VOP affidavit for a probation-violation case, and state the county of origin.

In the email you must include the following: 1. Defendant's name and the VOLUSIA COUNTY case number. 2. The OUT-OF-COUNTY case number(s) along with the Charging Document(s). If the case is a Violation of Probation, please include the VOP Affidavit. (** Not all case numbers reflect the county in which the case resides, please include county of origin.)

CRITICAL

Applies to

Plea Form or Admission of Violation of Probation Form

An executed Plea Form or Admission of Violation of Probation Form is required before the Court will accept a plea or admission.

The Court requires an executed Plea Form or Admission of Violation of Probation Form before it will accept a plea or admission.

CRITICAL

Applies to

Notice of hearing

A notice of hearing must include the specified case, hearing, matter, judge, and reserved-time details; remote appearance notices must include Zoom information; and all notices must include the required ADA notification.

A notice of hearing must include the following minimum information: the case style including case number; the date, time, and location of the hearing; the matter(s) to be heard including docket number or filing date of each motion; the judge presiding over the hearing; and the amount of time reserved for the hearing. A notice of hearing involving any remote appearance must list the Zoom meeting information. All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

CRITICAL

Applies to

Substitution of counsel

Defense counsel may appear by filing a Notice of Appearance, but counsel replacing existing counsel must move for substitution with the client’s written consent.

Defense counsel may appear on a case by filing a Notice of Appearance, unless the Defendant is already represented by other counsel on that case, in which case, counsel will need to move for substitution of counsel, with the client’s written consent, as provided in Fla. R. Jud. Admin. 2.505(e).

CRITICAL

Applies to

Emergency motion

A party seeking an emergency hearing must file a detailed motion stating the issues, why 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) the reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICAL

Applies to

Proposed order

The submission email must state whether all parties agree on the form of the order.

The email must indicate whether all parties are in agreement as to the form of the order.

CRITICALCivil cases

Applies to

Weekly case list

The case list must include the case style in plaintiff-versus-defendant format.

 CASE STYLE (PLAINTIFF V. DEFENDANT)

CRITICALCivil cases

Applies to

Notice of hearing

Zoom permission applies to individuals, not all participants, and notices of hearing must continue to reflect in-person appearance regardless of a granted Zoom order.

ZOOM permissions are granted as to individuals NOT for all participants AND NOTICES OF HEARING MUST REFLECT IN PERSON APPEARANCE regardless of granted zoom orders.

CRITICALCivil cases

Applies to

Weekly case list

The case list must place the plaintiff attorney’s name at the top.

 PLAINTIFF ATTORNEY NAME AT THE TOP

CRITICALCivil cases

Applies to

Weekly case list

The case list must include case numbers in numerical order.

 CASE NUMBER (IN NUMERICAL ORDER)

CRITICALCivil cases

Applies to

Notice of hearing

Do not amend the notice of hearing if the Zoom order is granted.

Do NOT amend your notice of hearing if your zoom order is granted.

CRITICALCivil cases

Applies to

Proposed order

The attached template is optional, but any proposed order must contain all information included in the template.

Movants are not required to utilize the attached template, but any proposed order must contain all of the information found in the template below.

CRITICAL

Applies to

Court form

Parties must use court-provided forms or substantially similar forms containing all information in the court’s form.

The parties must use the forms provided or substantially similar forms. If a party chooses to use their own form, it must contain all of the information set forth in the form provided by the court.

CRITICAL

Applies to

Motion

A continuance motion must be signed by the requesting party unless good cause is shown.

Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).

CRITICALCivil cases

Applies to

Notice of hearing

A party may set a hearing unilaterally only after three qualifying attempts to coordinate, and the notice must list the dates and times of the emailed attempts.

A party may only unilaterally set a hearing if opposing counsel is unresponsive/uncooperative after 3 attempts. Your notice of hearing must reflect the dates/times of emailed attempts. Keep in mind the attempts must be on different days at least 1 day apart.

CRITICAL

Applies to

Emergency hearing request

A request for an emergency hearing must be in writing and state the reason and the amount of hearing time needed.

Emergency hearings are rarely granted and must be requested in writing, citing the reason and the amount of time needed for hearing.

CRITICALCivil cases

Applies to

Emergency hearing request

An emergency hearing request must be in writing and state the reason for the request.

Emergency hearings are rarely granted and must be requested in writing, citing the reason.

CRITICALCivil cases

Applies to

Notice of hearing

Every notice of hearing must include the ADA notification required by Florida Rule of Civil Procedure 2.540.

All hearing notices must contain the ADA notification required by Florida Rule of Civil Procedure 2.540.

CRITICAL

Applies to

Settlement filing

After e-filing a stipulation, settlement agreement, or notice of settlement, prepare and e-file a notice of voluntary dismissal if applicable or a proposed order accepting the settlement, dismissing the case, and reserving enforcement jurisdiction.

9. After Stipulations/settlement agreements/notices of settlement are e-filed, please prepare and e-file a notice of voluntary dismissal if appliable, or a proposed order accepting the settlement agreement and dismissing the case while reserving jurisdiction to enforce the settlement agreement.

CRITICALCivil cases

Applies to

Petition or motion

A petition or motion must state whether opposing counsel objects to the requested relief.

State in your petition or motion the position of opposing counsel – whether they object or not to the relief requested.

CRITICALCivil cases

Applies to

Notice of hearing

A notice of hearing must identify the specified hearing location and include the docket number and filing date of the matter to be heard.

Notices of Hearing must reflect that the hearing will take place at: 1769 E. Moody Blvd. Bldg #1; Courtroom 402; Bunnell, FL 32110 and include the docket # and filing date of the matter to be heard.

CRITICALCourt notice

Applies to

Exhibits

For digital evidence, bring a way to display it in court and submit it to the clerk, and bring a laptop or other device to display it.

If you have photos, videos, text messages, etc, you will need to have a way to show the court, and have a way to submit that evidence to the clerk-either printed hard copies or on a CD/DVD/flash drive .. .And you must bring a laptop or other device to display any digital evidence you are submitting.

CRITICALCourt notice

Applies to

Exhibits

Bring the original and two copies of each exhibit to trial, with one copy for the opposing party and one for the Court.

Bring original and TWO COPIES of all Exhibits to be presented to the Court (1 copy for opposing party and one copy for the Court.)

CRITICAL

Applies to

Notice of hearing

A notice of hearing must identify the hearing location or format, motion, allotted time, and Clerk’s docket number; the public docket can be consulted if needed.

c. Notices of Hearing must have the location (Hearing Room #2: D-312)) or type of hearing, (i.e. telephonic or video via Zoom); name of the motion you are calling up for hearing, the time set aside for the hearing, and the Clerk’s docket number for the motion you are setting for hearing. If you do not know the docket number, look it up. The Clerk’s docket is available to the public.

CRITICAL

Applies to

Notice of hearing

The scheduling party prepares the hearing notice unless the Judicial Assistant says the Court will prepare it, and must send a copy to the Judicial Assistant once the hearing is confirmed.

The party scheduling the hearing will prepare the notice unless advised by the Judicial Assistant that the Court will prepare the notice of hearing. Once confirmed, a copy of the notice of hearing must be sent to the J.A. by email, fax, or mail.

CRITICALCivil cases

Applies to

Non expert witness notice

Each party must file and serve a non-expert witness notice at least 60 days before docket sounding, listing expected witnesses’ names and addresses, including impeachment and rebuttal witnesses.

No less than sixty (60) days prior to docket sounding, each party will file with the Court and serve on all other parties 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, including witnesses expected to be called for impeachment or rebuttal.

CRITICALCivil cases

Applies to

Joint pretrial statement

After the required pretrial meeting, the plaintiff’s attorney—or the defendant’s attorney if the plaintiff is unrepresented—must prepare and present a proposed joint pretrial statement, which must be signed by all attorneys and unrepresented parties.

Following the meeting required by paragraph 9(a), Plaintiffs attorney (or Defendant's attorney, if Plaintiff is unrepresented) shall prepare and present to opposing counsel and all unrepresented parties a proposed joint pretrial statement. The statement shall be signed by all attorneys and unrepresented parties.

CRITICALCivil cases

Applies to

Expert witness notice

Parties seeking affirmative relief must file and serve an expert-witness notice at least 75 days before docket sounding, listing each expected expert’s name, address, and telephone number.

No less than seventy-five (75) days before docket sounding, each party seeking affinnative relief will file with the Court and serve on all other parties 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.

CRITICAL

Applies to

Motion

The motion must state opposing counsel’s position, including whether the other party objects.

STATE IN YOUR MOTION THE POSITION OF OPPOSING COUNSEL— WHETHER THE OTHER PARTY OBJECTS OR NOT TO THE MOTION.

CRITICALCivil cases

Applies to

Exhibits

Each party must meet with and assist the Clerk in marking all exhibits for identification at least two days before jury selection, unless the Clerk agrees to another time.

12. MARKING EXHIBITS BEFORE TRIAL. Each party shall, at least two days before jury selection or such other time as agreed by the Clerk, meet with, and assist the Clerk in marking all exhibits for identification in the manner directed by theClerk.

CRITICALCivil cases

Applies to

Motion

Each motion must contain a certificate of compliance signed by the movant’s attorney if represented or by the moving party if unrepresented; the provision does not apply to summary-judgment or other case-dispositive motions.

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. This provision does not apply to motions for summary judgment or other case dispositive motions.

CRITICAL

Applies to

Continuance motion

A trial continuance motion must be signed by the requesting party unless good cause is shown.

Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545 (e).

CRITICALCivil cases

Applies to

Exhibit disclosure

Each party must disclose and specifically describe in writing every exhibit intended for trial, including impeachment exhibits, at least 60 days before docket sounding.

No less than sixty (60) days before the docket sounding, each party shall disclose and specifically describe in writing each exhibit intended to be offered at trial, including exhibits to be used for impeachment.

CRITICALCivil cases

Applies to

Jury instructions

For a jury trial, each party must submit proposed jury instructions and a verdict form, in an original and one electronic copy, no later than docket sounding.

10. JURY INSTRUCTIONS. If this case is scheduled for a jury trial, no later than the docket sounding, each party shall submit to the Court an original and one electronic copy of that party's proposed jury instructions and verdict fonn.

CRITICALCivil cases

Applies to

Joint pretrial statement

Annotated copies of the exhibit lists must be attached to and made part of the joint pretrial statement.

The annotated copies of the exhibit lists will be attached to and made a part of the joint pretrial statement required by paragraph 9(b) of this Order.

CRITICALCivil cases

Applies to

Joint pretrial statement

Annotated copies of the witness lists must be attached to the joint pretrial statement.

The annotated copies of the witness lists will be attached to the joint pretrial statement required by paragraph 9(b) of this Order.

CRITICALCivil cases

Applies to

Media presentation

Media presentations used solely for or during opening statement must be shown to opposing counsel before trial, and those used solely for or during closing argument must be shown before the argument.

Media presentations used solely for or during opening statement shall be shown to opposing counsel before the start of trial and media presentations used solely for or during closing argument shall be shown to opposing counsel before such argument.

CRITICALCivil cases

Applies to

Expert witness notice

An expert-witness notice must designate each listed expert’s area of expertise.

For each expert witness listed, the noticing party shall designate his/her area of expertise (i.e. "accident reconstruction", "economist", "treating orthopedic physician" etc.).

CRITICAL

Applies to

Proposed order

File stipulations and submit a copy of the signed stipulation with the proposed order.

Stipulations should be filed and a copy of the signed stipulation submitted with the proposed order.

CRITICALCivil cases

Applies to

Expert witness notice

Parties not seeking affirmative relief must file and serve an expert-witness notice no later than 60 days before docket sounding, listing each expected expert’s name, address, and telephone number.

No later than sixty (60) days before docket sounding, each party not seeking affmnative relief shall file with the Court and serve on all other parties 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.

CRITICALCivil cases

Applies to

Joint pretrial statement

The original joint pretrial statement must be filed and one copy mailed or delivered to the Judge no later than docket sounding, or, if a pretrial conference is scheduled, provided to the Court at or before that conference.

The original shall be filed, and one copy shall be mailed or delivered to the Judge no later than docket sounding; provided, however, that if the Court schedules a pretrial conference, the joint pretrial statement shall be provided to the Court at or before the pretrial conference.

CRITICALCivil cases

Applies to

Demonstrative exhibit

Demonstrative exhibits, including PowerPoint or similar media presentations, must be shown to and initialed by opposing counsel at the attorneys’ pretrial conference.

(b) DEMONSTRATIVE EXHIBITS. Demonstrative Exhibits shall be shown to and initialed by opposing counsel at the attorneys' pretrial conference. PowerPoint or similar media presentations shall be treated as Demonstrative Exhibits governed by this requirement.

CRITICAL

Applies to

Notice of hearing

A Notice of Hearing must identify the motions to be heard, the hearing location, applicable Zoom access information, and the time reserved.

Please prepare a NOTICE OF HEARING and include the following: 1. Motion(s) to be heard 2. The Notice must specify the location of the hearing. 3. For hearings in which Zoom attendance is permitted, Zoom access information is located below and on the Court’s webpage at www.circuit7.org 4. Time reserved for the hearing

CRITICAL

Applies to

Motion to compel

The written notice required for an ex parte discovery-compulsion request must be attached to the motion to compel.

Ex-Parte Orders Compelling Discovery: If you are sending in a proposed ex-parte order compelling the production of discovery, you must comply with Administrative Order CV-2022-004-SC which requires written notice to the opposing party giving 10 days to provide discovery and attaching that notice to the motion to compel.

CRITICAL

Applies to

Notice of hearing

A party may schedule a hearing unilaterally only after reasonable good-faith coordination efforts fail, and the notice must identify the unilateral scheduling and include a written certification of those efforts.

Before scheduling any hearing, the party requesting the hearing time shall make good faith reasonable efforts to coordinate the date and time of the hearing with all opposing parties. If, after making good faith reasonable efforts, the party is unable to coordinate a mutually agreeable date and time, a party may then unilaterally schedule the hearing. The notice of hearing shall indicate that it is unilaterally scheduled, and the party (or counsel) must certify in writing that they have made good faith, reasonable efforts to coordinate the scheduling of the hearing with the opposing parties.

CRITICAL

Applies to

Emergency motion

A party seeking an emergency hearing must file a detailed motion identifying the issues, explaining why an emergency hearing is necessary, and stating 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) the reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICAL

Applies to

Notice of hearing

Must include

judge name, case number

A notice of hearing must include the specified case, hearing, motion, judge, and time-reservation details, Zoom information when applicable, and the required ADA notification.

A notice of hearing must include the following minimum information: the case style including case number; the date, time, and location of the hearing; the matter(s) to be heard including docket number or filing date of each motion; the judge presiding over the hearing; and the amount of time reserved for the hearing. A notice of hearing involving any remote appearance must list the Zoom meeting information. All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

CRITICAL

Applies to

Notice of hearing

Must include

judge name, case number

A notice of hearing must identify the case, hearing details and matters, presiding judge, and time reserved.

A notice of hearing must include the following minimum information: the case style including case number; the date, time, and location of the hearing; the matter(s) to be heard including docket number or filing date of each motion; the judge presiding over the hearing; and the amount of time reserved for the hearing.

CRITICAL

Applies to

Motion

A party seeking an emergency hearing must file a detailed motion stating the issues, why 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) the reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICAL

Applies to

Motion to compel

A proposed ex-parte order compelling discovery requires written notice giving the opposing party 10 days to provide discovery, with the notice attached to the motion to compel.

If you are sending in a proposed ex-parte order compelling the production of discovery, you must comply with Administrative Order CV-2022-004-SC which requires written notice to the opposing party giving 10 days to provide discovery and attaching that notice to the motion to compel.

CRITICAL

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.

CRITICAL

Applies to

Notice of hearing

A notice of hearing involving a remote appearance must include the Zoom meeting information.

A notice of hearing involving any remote appearance must list the Zoom meeting information.

CRITICAL

Applies to

Motion

A person seeking a different appearance arrangement must file a motion explaining why and email it to the Judicial Assistant before the hearing.

If you are unable to attend court in the manner listed on your notice, please file a motion with the Clerk of Court stating why you need a different arrangement and email the motion to sfarmer@circuit7.org in advance of the hearing.

CRITICALCivil cases

Applies to

Proposed order

Every proposed order must indicate a service list that includes counsel’s email addresses and mailing addresses for pro se parties.

Please make sure all submitted proposed orders have a service list indicated, to include email addresses for all counsel and mailing addresses for pro-se parties.

CRITICALCriminal cases

Applies to

Email

The Rocket Docket scheduling email must use the specified subject and request dates while confirming the listed plea, filing, charge, and fingerprint-card information.

Subject: ROCKET DOCKET Case No.: [Insert Case Number] Body: Ms. Sites, please provide available dates for the Rocket Docket. I confirm the following: • The DERPA/Plea and Waiver has been signed by the Defendant, Defense Counsel, and Counsel for the State. • The documents have been filed, accepted, and posted to the Clerk’s docket for this case. • ALL CHARGES are addressed within the plea form (whether adjudicated or dismissed). • If pleading to a finger printable offense (DUI, DWLSR, No Valid DL, Petit Theft, Battery, etc.), fingerprint cards have been filed with the Clerk OR are included as a condition of probation.

CRITICAL

Applies to

Designation of email address form

Self-represented litigants must complete a designation of email address form available from the Clerk of Court.

PRO SE LITIGANTS ARE REQUIRED TO COMPLETE A DESIGNATION OF EMAIL ADDRESS FORM THAT CAN BE OBTAINED BY THE CLERK OF COURT.

CRITICAL

Applies to

Motion

Hearings must be noticed as in person; a party seeking remote appearance must file a motion stating cause and email a proposed order for review.

HEARINGS SHALL BE NOTICED AS IN PERSON. PARTIES WISHING TO APPEAR REMOTELY MUST FILE A MOTION WITH THE COURT, WITH CAUSE, AND EMAIL A PROPOSED ORDER FOR REVIEW.

CRITICALCivil cases

Applies to

Joint pretrial statement

The annotated witness lists must be attached to the joint pre-trial statement.

THE ANNOTATED COPIES OF THE WITNESS LISTS WILL BE ATTACHED TO THE JOINT PRE-TRIAL STATEMENT REQUIRED BY PARAGRAPH 9(B) OF THIS ORDER.

CRITICALCivil cases

Applies to

Expert witness notice

At least 30 days before docket sounding, each party must file and serve an expert-witness notice listing 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).

CRITICALCivil cases

Applies to

Pretrial statement

A party seeking sole parental responsibility must state a brief supporting factual basis in the Pre-Trial Statement.

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. If “sole parental responsibility” will be sought by either party, a brief factual basis supporting it shall be stated in the Pre-Trial Statement.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

Each motion must include a certificate confirming compliance with the good-faith contact requirement, provided by counsel or the unrepresented moving party.

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.

CRITICALCivil cases

Applies to

Joint pretrial statement

The joint pre-trial statement must include the listed facts, abandoned and trial issues, legal/procedural/evidentiary issues, annotated exhibit and witness lists, trial-time estimate, financial affidavits and mandatory disclosures, and the specified equitable-distribution information and worksheet.

The joint pre-trial statement shall contain the following items in the following format: (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. (2) a list of issues raised by the pleadings which are abandoned. (3) a list of the issues of fact to be tried. 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). (4) a list of significant issues of law, procedure or evidence, if any, to be determined by the court prior to or during trial. (5) the annotated copy of each party’s list of exhibits showing objections required by paragraph 9(a)(2) of this order. (6) the annotated copy of each party’s witness list as required by paragraph 9(a)(3) of this order. (7) a current estimate of the time required for trial. (8) financial affidavits of both parties, as supplemented, and all other mandatory disclosure required by rule 12.285, fla. fam. l. r. p. (9) Equitable Distribution Worksheet shall be prepared by each party to state the following: 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. b. List of all assets claimed to be “nonmarital” together with suggested valuation and brief statement in support of claim.

CRITICALCivil cases

Applies to

Joint pretrial statement

After the required meeting, the designated attorney must prepare and present a proposed joint pre-trial statement to opposing counsel and all unrepresented parties, and all attorneys and parties must sign it.

(B) JOINT PRE-TRIAL STATEMENT. FOLLOWING THE MEETING REQUIRED BY PARAGRAPH 9(A), PETITIONER'S ATTORNEY (OR RESPONDENT'S ATTORNEY, IF PETITIONER IS UNREPRESENTED) SHALL PREPARE AND PRESENT TO OPPOSING COUNSEL AND ALL UNREPRESENTED PARTIES A PROPOSED JOINT PRE-TRIAL STATEMENT. THE STATEMENT SHALL BE SIGNED BY ALL ATTORNEYS AND PARTIES;

CRITICAL

Applies to

Pro se document

Documents self-represented parties file with the Clerk of Court must include a signature, printed name, address, telephone number, and email address.

IF YOU ARE NOT REPRESENTED BY AN ATTORNEY (PRO SE) DOCUMENTS FILED WITH THE CLERK OF COURT MUST INCLUDE A SIGNATURE, WITH PRINTED NAME, ADDRESS, TELEPHOINE NUMBER, AND E-MAIL ADDRESS ON THE DOCUMENT.

CRITICALCivil cases

Applies to

Exhibits

Exhibits that cannot be e-filed must be included on the exhibits list and properly marked.

Any exhibits unable to be e-filed, will need to be included on your exhibits list, properly marked and hand delivered or mailed to the Clerk of Court.

CRITICALCivil cases

Applies to

Child support guideline worksheet

When minor children are involved, a completed child support guideline worksheet calculated under Section 61.30, Florida Statutes, must be provided.

b. A completed child support guideline worksheet calculated in accordance with Section 61.30, Florida Statutes.

CRITICALCivil cases

Applies to

Parenting plan

When minor children are involved, a Parenting Plan is required even if time-sharing is undisputed; parents must develop and agree to it for court approval, and the court establishes a plan if they cannot agree or their plan is not approved.

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.

CRITICALCivil cases

Applies to

Exhibits

An Exhibits List must be filed for referral.

Exhibits are to be filed as separate attachments, and an Exhibits List will need to be filed for referral.

CRITICALCivil cases

Applies to

Joint pretrial statement

The annotated exhibit lists must be attached to and made part of the joint pre-trial statement.

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.

CRITICALCivil cases

Applies to

Non expert witness notice

At least 30 days before docket sounding, each party must file and serve a notice listing the names and addresses of each non-expert witness it expects to call at trial in good faith.

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.

CRITICAL

Applies to

Exhibits

File an exhibit list itemizing the exhibits filed for reference.

• Please file an Exhibit’s List, which itemizes the exhibits that have been filed for reference.

CRITICAL

Applies to

Notice of hearing

A notice of hearing must identify the motion and its corresponding docket number and state the time reserved.

Please prepare a NOTICE OF HEARING and include the following: 1. MOTION TO BE HEARD WITH CORRESPONDING DOCKET NUMBER 2. TIME RESERVED

CRITICAL

Applies to

Motion for remote appearance

A party seeking remote appearance must file a motion stating cause; the source also addresses objection by opposing counsel.

Parties wishing to appear remotely must file a Motion, with cause, and if there is any objection from opposing counsel.

CRITICAL

Applies to

Motion

A motion must be filed with the Clerk to obtain hearing time.

A Motion must be filed with the Clerk of Court in order to obtain hearing time.

CRITICAL

Applies to

Mediated or marital settlement agreement or parenting plan

Mediated or marital settlement agreements and parenting plans must be notarized unless conducted by the court's assigned family court mediators.

PLEASE NOTE: MEDIATED/MARITAL SETTLEMENT AGREEEMENTS AND PARENTING PLANS ARE TO BE NOTARIZED UNLESS CONDUCTED BY THIS COURTS ASSIGNED FAMILY COURT MEDIATORS.

CRITICAL

Applies to

Proposed order

In addition, please file a proposed order to include the Court’s ZOOM Meeting ID: 386 313 4515 to be considered.

In addition, please file a proposed order to include the Court’s ZOOM Meeting ID: 386 313 4515 to be considered.

CRITICAL

Applies to

Jury instructions

The Assigned Assistant State Attorney must send a complete set of jury instructions, including the verdict form, in Word Format to the Court’s Judicial Assistant.

A complete set of jury instructions, including the verdict form, must be sent in Word Format by the Assigned Assistant State Attorney to the Court’s Judicial Assistant at mgermany@circuit7.org by noon on the Friday preceding jury selection.

CRITICAL

Applies to

Motion for remote appearance

Must include

proposed order

A request to appear remotely requires a formal motion and proposed order submitted to the division at least 24 hours before the proceeding.

Requests to use communication technology for an appearance must be made by filing a formal Motion AND submitting a Proposed Order to division56@circuit7.org, no less than 24 hours prior to the proceeding for which the request is submitted.

CRITICAL

Applies to

Notice of hearing

If approved by court order, a notice of hearing involving a remote appearance must list the judicial Zoom credentials.

If approved by court order, a notice of hearing involving any remote appearance must list the judicial Zoom credentials.

CRITICAL

Applies to

Notice of appearance

Defense counsel may appear by filing a notice of appearance, but must move for substitution with the client’s written consent if the defendant already has counsel.

Defense counsel may appear on a case by filing a Notice of Appearance, unless the Defendant is already represented by other counsel on that case, in which case, counsel will need to move for substitution of counsel, with the client’s written consent, as provided in Fla. R. Jud. Admin. 2.505(e).

CRITICAL

Applies to

Motion to continue

A motion to continue must be signed by the requesting party unless good cause is shown.

Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).

CRITICAL

Applies to

Jury instructions

Defense counsel must send any requested jury instructions by noon on the Friday preceding jury selection.

Defense counsel must also send any requested instructions by that same time.

CRITICAL

Applies to

Emergency hearing motion

A request for an emergency hearing must be filed as a detailed motion stating the issues, why 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 issue(s) to be resolved, (2) the reason(s) why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICAL

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.

CRITICAL

Applies to

Non expert witness notice

Each party must file and serve a non-expert-witness notice at least 30 days before docket sounding, listing 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.

CRITICAL

Applies to

Motion

Must include

certificate of conference

Before filing any motion, the moving party must contact the opposing party and attempt in good faith to resolve the issues, and the motion must include a certificate of compliance.

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). 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.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must identify admitted facts and specify which may be read at trial as the parties’ stipulation.

(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.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must list any significant issues of law, procedure, or evidence for the Court to determine before or during trial.

(4) A list of significant issues of law, procedure or evidence, if any, to be determined by the Court prior to or during trial.

CRITICAL

Applies to

Mediation report

The mediation report 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.

CRITICAL

Applies to

Joint pretrial statement

Annotated witness lists must be attached to the joint pre-trial statement.

The annotated copies of the witness lists will be attached to the joint pre-trial statement required by paragraph 9(b) of this Order.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must list issues raised by the pleadings that are abandoned.

(2) A list of issues raised by the pleadings which are abandoned.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must include an annotated copy of each party’s witness list as required by paragraph 9(a)(3).

(6) The annotated copy of each party’s witness list as required by paragraph 9(a)(3) of this Order.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must include both parties’ supplemented financial affidavits and all other mandatory disclosure required by Rule 12.285.

(8) Financial affidavits of both parties, as supplemented, and all other mandatory disclosure required by Rule 12.285, Fla. Fam. L. R. P.

CRITICAL

Applies to

Witness list

Absent good cause, a party may not call a witness unless it has complied with the witness-list requirements of the Order.

Absent good cause, no witness shall be permitted to testify unless the party calling that witness has complied with this Order.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must list the issues of fact to be tried.

(3) A list of the issues of fact to be tried.

CRITICAL

Applies to

Joint pretrial statement

All attorneys and parties must sign the joint pre-trial statement.

The statement shall be signed by all attorneys and parties;

CRITICAL

Applies to

Parenting plan

If there are minor children, a Parenting Plan outlining time-sharing must be provided even when time-sharing is undisputed; it must be developed and agreed to by the parents and approved by the court, which will establish a plan if the parents cannot agree or their plan is not approved.

If there are minor children, the following shall be provided: 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.

CRITICAL

Applies to

Certificate of completion

A certificate of course completion must be filed with the clerk before entry of a Final Judgment.

A Final Judgment may not be entered by the court until a certificate of completion is filed with the clerk.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must include a current estimate of the time required for trial.

(7) A current estimate of the time required for trial.

CRITICAL

Applies to

Equitable distribution worksheet

Each party must prepare an Equitable Distribution Worksheet addressing the specified marital and nonmarital assets, valuations, distributions, benefits, liabilities, and claims.

(9) Equitable Distribution Worksheet shall be prepared by each party to state the following: 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. b. List of all assets claimed to be “nonmarital” together with suggested valuation and brief statement in support of claim. 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. d. List of all liabilities, designating each as “marital” or “nonmarital” and stating amount and name of creditor. 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.

CRITICAL

Applies to

Joint pretrial statement

The designated attorney must prepare a proposed joint pre-trial statement and present it to opposing counsel and all unrepresented parties.

Following the meeting required by paragraph 9(a), Petitioner's attorney (or Respondent's attorney, if Petitioner is unrepresented) shall prepare and present to opposing counsel and all unrepresented parties a proposed joint pre-trial statement.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must include an annotated copy of each party’s exhibit list showing the objections required by paragraph 9(a)(2).

(5) The annotated copy of each party’s list of exhibits showing objections required by paragraph 9(a)(2) of this Order.

CRITICAL

Applies to

Expert witness notice

Each party must file and serve an expert-witness notice no later than 30 days before docket sounding, including each expected expert’s name, address, and telephone number.

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.

CRITICAL

Applies to

Child support guideline worksheet

If there are minor children, a completed child support guideline worksheet calculated under section 61.30, Florida Statutes, must be provided.

b. A completed child support guideline worksheet calculated in accordance with Section 61.30, Florida Statutes.

CRITICAL

Applies to

Joint pretrial statement

Annotated exhibit lists must be attached to and made part of the joint pre-trial statement, and listed exhibits without objections will be admitted into evidence.

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. Any listed exhibit not objected to will be admitted into evidence.

CRITICAL

Applies to

Emergency hearing motion

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

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.

CRITICAL

Applies to

Notice of hearing

After the hearing time is confirmed, the requesting party must immediately file a Notice of Hearing stating the date and time, matters to be heard by docket number, time reserved, and hearing location.

Once the hearing time is confirmed, the party requesting the hearing must immediately file a Notice of Hearing setting forth: ▪ The time and date of the hearing ▪ The motion(s) or matter(s) to be heard (identified by the clerk’s docket number). ▪ The amount of time reserved. ▪ The location of the hearing:

CRITICAL

Applies to

Memorandum or case law

A party intending to rely on a memorandum of law or case law at a hearing must file it.

The filing of any memorandum of law and/or case law is required if a party intends to rely on the memorandum or case law at hearing.

CRITICAL

Applies to

Proposed order

The transmittal email for every proposed order must state whether all parties agree on its form and identify any disagreement.

All proposed orders must be accompanied by a representation in the transmittal email that: Either: (1) all parties agree to the form of the order or (2) the parties disagree as to the form of the order, and a statement identifying any disagreement of the parties as to the proposed order.

CRITICAL

Applies to

Proposed order

When the parties disagree about a proposed order’s form, each party should submit its own proposed order and e-file it with a Notice of Filing.

If the parties disagree as to the form of the proposed order, each party should submit a proposed order to the court and e-file the proposed order with a Notice of Filing.

CRITICAL

Applies to

Notice of hearing

Every notice of hearing must contain the ADA notification required by the cited rule.

All notices of hearing must contain the ADA notification required by Fla. R. Gen. Prac. & Jud. Admin. 2.540.

CRITICAL

Applies to

Notice of hearing

A notice of hearing involving a remote appearance must list the judicial Zoom credentials.

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

CRITICAL

Applies to

Motion

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

Requirements: 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.

CRITICAL

Applies to

Notice of hearing

The requesting party must promptly file a notice of hearing stating the hearing’s date and time, matters to be heard, reserved time, and location unless the hearing is permitted remotely.

The party requesting the hearing time shall punctually file the notice of hearing setting forth the following: o Time and Date of the hearing o Motions and/or all matters being heard o Amount of time reserved with the judicial assistant o Location of the hearing, unless the Judge’s Office permits the hearing to be held remotely

CRITICAL

Applies to

Exhibits

Attorneys and self-represented litigants must bring enough copies of each exhibit for the Clerk, Court, and each party to review during the hearing or trial.

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.

CRITICAL

Applies to

Request

An unrepresented party must file a request to the Court as a handwritten or typed motion with the Clerk of Court.

Unrepresented Parties: If you have a request of the Court, you must file such request as a motion (handwritten or typed) with the Clerk of Court.

CRITICAL

Applies to

Exhibits

All exhibits must be submitted to the Clerk in court at the time of the hearing.

Submission Method: Submit all exhibits to the Clerk in court at the time of the hearing.

CRITICAL

Applies to

Communication or request

A communication or request intended for the Court should be made in an authorized procedural document and e-filed with the Clerk of Court.

Any communication or request intended to be viewed by the Court generally requires it be in the form of a pleading, motion, notice, stipulation or other document authorized by the applicable rules of procedure and should be e-filed with the Clerk of Court.

CRITICAL

Applies to

Notice of hearing

For a remote hearing, the notice must attach the Zoom instructions and include the hearing’s Meeting ID.

If the hearing is remote, the zoom instructions will need to be attached to the notice of hearing and the Meeting ID will need to be on the notice of hearing.  The Meeting ID for Judge Distler’s zoom hearings is 386-313-4520

CRITICAL

Applies to

Notice of hearing

All notices 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.

CRITICAL

All parties must be available for an emergency hearing unless exigent circumstances prevent it.

All parties shall make themselves available for the emergency hearing, barring exigent circumstances.

CRITICALCriminal cases

Applies to

Emergency motion

A motion requesting an emergency hearing must state the issues, why the hearing is necessary, and the time needed for each party’s presentation.

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.

CRITICALCriminal cases

Applies to

Notice of hearing

The party scheduling a hearing must promptly file a Notice of Hearing stating the hearing date and time, motions to be heard, and reserved hearing time.

The party scheduling the hearing shall promptly prepare and file a Notice of Hearing to include the following: date and time of hearing, motion(s) to be heard, and amount of time reserved for hearing.

CRITICALCriminal cases

Applies to

Motion

A motion must state the opposing party’s position, including whether that party objects.

Please state in your motion, the position of opposing party, whether they object or not to the motion.

CRITICALCriminal cases

Applies to

Out of county plea notification email

The out-of-county plea notification email must include the county and case number and attach the charging affidavit or VOP affidavit.

You must include in your email the county and case number, and you must attach the charging affidavit or the VOP affidavit.

CRITICALCriminal cases

Applies to

Notice of hearing

A Notice of Hearing involving a remote appearance must include the judicial Zoom credentials.

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

CRITICALCriminal cases

Applies to

Notice of hearing

Every Notice of Hearing must contain the ADA notification required by Florida Rule 2.540.

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

CRITICAL

Applies to

Motion

A motion must state whether the opposing party objects.

Please state in your motion the position of opposing party – whether they object or not to the motion.

CRITICAL

Applies to

Continuance motion

Unless good cause is shown, a trial continuance motion must be signed by the party requesting it.

Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545 (e).

CRITICAL

Applies to

Pretrial statement

If either party seeks responsibility, the Pre-Trial Statement must state a brief factual basis supporting it.

responsibility” will be sought by either party, a brief factual basis supporting it shall be stated in the Pre-Trial Statement.

CRITICAL

Applies to

Joint pretrial statement

Shared parental responsibility is to be ordered under Section 61.13 unless the Court finds it would be detrimental to the child.

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.

CRITICAL

Applies to

Joint pretrial statement

Each party’s Equitable Distribution Worksheet must list the specified vested and nonvested benefits, rights, or funds and a suggested distribution for each plan.

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.

CRITICALCriminal cases

Applies to

Certificate of prosecution

The Certificate of Prosecution includes the prosecutor’s consent to entry of the plea and a statement of the plea agreement with the child.

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:

CRITICAL

Applies to

Final judgment

A certificate of course completion must be filed before the court may enter a final judgment.

A Final Judgment may not be entered by the court until a certificate of completion is filed with the clerk.

CRITICAL

Applies to

Joint pretrial statement

Annotated witness lists must be attached to the joint pre-trial statement.

The annotated copies of the witness lists will be attached to the joint pre-trial statement required by paragraph 9(b) of this Order.

CRITICAL

Applies to

Joint pretrial statement

Each party’s Equitable Distribution Worksheet must identify assets asserted for unequal distribution or nonmarital-property enhancement or appreciation claims and explain the extent and basis of each claim.

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.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must list issues raised by the pleadings that are abandoned.

(2) A list of issues raised by the pleadings which are abandoned.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must identify admitted facts and which may be read at trial as party stipulations.

(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.

CRITICAL

Applies to

Proposed order

Each proposed order must state whether all parties agree to it.

AND MUST INCLUDE REPRESENTATION REGARDING WHETHER IT IS AGREED TO BY ALL PARTIES

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must include both parties’ supplemented financial affidavits and all other mandatory disclosure required by Rule 12.285.

(8) Financial affidavits of both parties, as supplemented, and all other mandatory disclosure required by Rule 12.285, Fla. Fam. L. R. P.

CRITICAL

Applies to

Joint pretrial statement

Each party’s Equitable Distribution Worksheet must list all liabilities, designate each as marital or nonmarital, and state its amount and creditor.

d. List of all liabilities, designating each as “marital” or “nonmarital” and stating amount and name of creditor.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must include an annotated copy of each party’s exhibit list showing the required objections.

(5) The annotated copy of each party’s list of exhibits showing objections required by paragraph 9(a)(2) of this Order.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must provide a current estimate of the time required for trial.

(7) A current estimate of the time required for trial.

CRITICAL

Applies to

Joint pretrial statement

Each party must prepare an Equitable Distribution Worksheet containing the listed information.

(9) Equitable Distribution Worksheet shall be prepared by each party to state the following:

CRITICAL

Applies to

Motion

Each motion must include a certificate of compliance from the movant's attorney if represented, or from the moving party if unrepresented.

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.

CRITICAL

Applies to

Expert witness notice

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).

CRITICALCriminal cases

Applies to

Plea form

The parent or guardian and child must read and initial each line of the plea form.

Parent/guardian and the child must read and initial each line to show that you understand the following:

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must include an annotated copy of each party’s witness list.

(6) The annotated copy of each party’s witness list as required by paragraph 9(a)(3) of this Order.

CRITICAL

Applies to

Notice of hearing

Must include

case number

The party requesting a hearing must prepare and file a notice identifying the case number, motion, hearing time, and hearing location.

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.

CRITICAL

Applies to

Motion to withdraw or substitute counsel

A motion to withdraw or substitute counsel must comply with Florida Rule of Judicial Administration 2.505.

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.

CRITICAL

Applies to

Joint pretrial statement

If there are minor children, the joint pre-trial statement must provide the listed parenting and child-support materials.

(10) If there are minor children, the following shall be provided:

CRITICAL

Applies to

Exhibits

Attorneys and self-represented litigants must bring enough exhibit copies for the clerk, the Court, and each party to review at the hearing or trial.

•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.

CRITICAL

Applies to

Joint pretrial statement

Each party’s Equitable Distribution Worksheet must list alleged marital assets, proposed valuations and distributions, and brief supporting factual findings.

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.

CRITICAL

Applies to

Joint pretrial statement

Annotated exhibit lists must be attached to and made part of the joint pre-trial statement.

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.

CRITICAL

Applies to

Joint pretrial statement

If there are minor children, provide a completed child-support guideline worksheet calculated under Section 61.30, Florida Statutes.

b. A completed child support guideline worksheet calculated in accordance with Section 61.30, Florida Statutes.

CRITICAL

Applies to

Joint pretrial statement

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.

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.

CRITICAL

Applies to

Non expert witness notice

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.

CRITICAL

Applies to

Motion

A motion must state opposing counsel’s position, including whether counsel objects.

STATE IN YOUR MOTION THE POSITION OF OPPOSING COUNSEL – WHETHER OR NOT THEY OBJECT TO THE MOTION.

CRITICALCriminal cases

Applies to

Plea form

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.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must list the factual issues to be tried.

(3) A list of the issues of fact to be tried.

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must be signed by all attorneys and parties.

The statement shall be signed by all attorneys and parties;

CRITICAL

Applies to

Joint pretrial statement

The joint pre-trial statement must list any significant legal, procedural, or evidentiary issues for the Court to determine before or during trial.

(4) A list of significant issues of law, procedure or evidence, if any, to be determined by the Court prior to or during trial.

CRITICAL

Applies to

Joint pretrial statement

Each party’s Equitable Distribution Worksheet must list claimed nonmarital assets, suggested valuations, and brief supporting statements.

b. List of all assets claimed to be “nonmarital” together with suggested valuation and brief statement in support of claim.

CRITICALCriminal cases

Applies to

Order accepting plea

The plea-acceptance order records open-court acceptance, the defendant’s sworn signature or acknowledgment, the court’s voluntariness and factual-basis findings, and the conditional-plea exception to following recommendations.

The foregoing plea document was received and accepted in open court. The Defendant signed, or acknowledged signing, this document while under oath and subject to the penalties of perjury. The court finds the plea to be freely and voluntarily entered and that a factual basis exists in the record for the court to accept it. By accepting this plea(s), the court is not required to follow any state or defense recommendation stated herein, unless a “Conditional Plea” is fully described in paragraph 5, above.

CRITICALCriminal cases

Applies to

Plea form

The assistant state attorney’s certificate confirms the State’s recommendations and, if applicable, compliance with the Victim Rights statute.

I confirm that the recommendations set forth in this plea form are the recommendations of the Office of the State Attorney. The State has complied with the Victim Rights statute, if applicable.

CRITICALCriminal cases

Applies to

Plea form

The defendant’s attorney must certify the specified discussions, the defendant’s understanding and voluntary plea, and the absence of inconsistent promises or representations.

I hereby certify that as counsel for the Defendant, I have discussed this case with my client and explained the rights, defenses and evidence relating to it with him/her. I have discussed this written plea form with my client and have answered all of his/her questions regarding it. In my professional opinion, as an officer of the court, the defendant understands everything in this plea form, his/her rights, and the consequences of this(these) plea(s). His/her plea is being made freely, voluntarily and knowingly. I have made no promises or representations to my client which modify or contradict this plea document.

CRITICALCriminal cases

Applies to

Plea form

The defendant must sign or acknowledge the plea form in open court.

SIGNED, or acknowledged, in open court in ____________________ County, Florida on _________________________.

CRITICALCriminal cases

Applies to

Plea form

A plea must be accepted as a conditional plea and identified as such in the designated space for the judge to be required to follow a sentencing recommendation.

Unless the judge accepts this plea as a “conditional plea” and those words appear in the space below, the judge is not required to follow any state or defense recommendation regarding sentence.

CRITICALCriminal cases

Applies to

Remote appearance request

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.

CRITICALCriminal cases

Applies to

Emergency hearing motion

A party seeking an emergency hearing must file a detailed motion stating the issues, why 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) the reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICALCriminal cases

Applies to

Motion

The motion must certify that copies were provided to the State Attorney, Justice Administrative Commission, and other attorneys or parties of record.

f. Certification that copies were provided to the State Attorney, Justice Administrative Commission, and other attorneys/parties of record.

CRITICALCriminal cases

Applies to

Court order

The order should state that counsel represents the defendant and whether the services are pro bono or paid by the defendant or a third party.

a. A statement that counsel is providing legal services to the defendant and that services are either provided pro bono or are being paid by the defendant or a third party.

CRITICALCriminal cases

Applies to

Motion

When the claim relies on an insufficient client-paid fee to procure due process services, the motion must include a completed Indigency Affidavit.

d. If claim is based on insufficiency of client-paid fee to procure due process services, a completed Indigency Affidavit.

CRITICALCriminal cases

Applies to

Court order

The order should state whether the defendant is deemed indigent for costs.

b. Whether or not the defendant is deemed to be “indigent for costs.”

CRITICALCriminal cases

Applies to

Status conference request

A party requesting a status conference must explain why the conference is necessary.

Any request by a party for a status conference must articulate the reasons for the necessity of the conference.

CRITICALCriminal cases

Applies to

Court order

If the defendant is indigent for costs, the order should require counsel to contract with the Justice Administrative Commission and state that the Commission will pay approved due process costs.

d. If “indigent,” a statement that counsel is required to enter into an appropriate contract with the Justice Administrative Commission and that approved due process costs will be paid by the Justice Administrative Commission.

CRITICALCriminal cases

Applies to

Motion

The motion must identify the due process services sought, justify them, and state their costs.

e. Specific due process services to be obtained, justification for said services, and costs for said services.

CRITICALCriminal cases

Applies to

Court order

If the defendant is indigent for costs, the order should identify the approved due process costs and require counsel to follow the annually specified legislative schedule when procuring services.

c. If “indigent,” the type and amount of due process costs approved and a statement requiring counsel to abide by the schedule of costs and fees for due process providers specified annually by the Florida Legislature in the General Appropriations Act when procuring due process services.

CRITICALCriminal cases

Applies to

Motion

The motion must clarify whether counsel’s services are pro bono or paid by the client or a third party.

a. Clarification as to whether the legal services provided by counsel are pro bono, paid by the client, or paid by a third party.

CRITICAL

Applies to

Invoice

Must include

case number

To receive compensation, experts must submit an original invoice containing the specified information to the Court Administrator’s office and include a copy of the appointment order.

Original invoices including the court case number, the name of the person examined, the date of the examination, and the amount of compensation sought must be submitted to the Court Administrator’s office to be compensated. A copy of the judge’s Order of Appointment should accompany the invoice.

CRITICALCriminal cases

Applies to

Motion

When the claim relies on a third-party-paid fee due to the client’s indigence, the motion must include proof of a completed Indigency Affidavit and the Clerk’s indigency determination under § 27.52.

c. If claim is based on fee being paid by a third party due to the client’s indigence, proof that the client has completed an Indigency Affidavit and been declared indigent by the Clerk of Court’s office pursuant to § 27.52, Florida Statutes.

CRITICALCriminal cases

Applies to

Notice of hearing

All notices of hearing must contain the ADA notification required by Florida Rule of General.

All notices of hearing must contain the ADA notification required by Florida Rule of General

CRITICALCriminal cases

Applies to

Motion

If the client or a third party pays counsel, the motion must state the fee amount and justification.

b. If paid by the client or third party, the amount and justification for said fee.

CRITICALCriminal cases

Applies to

Court order

The order should certify that copies were provided to defense counsel, the State Attorney, the Justice Administrative Commission, and other attorneys or parties of record.

e. Certification that copies were provided to defense counsel, State Attorney, Justice Administrative Commission, and other attorneys/parties of record.

CRITICALCriminal cases

Applies to

Out of county plea notice email

The out-of-county plea notice email must state the county and case number and attach the charging affidavit or VOP affidavit.

You must include in your email the county and case number, and you must attach the charging affidavit or the VOP affidavit.

CRITICALCriminal cases

Applies to

Notice of hearing

A notice of hearing involving a remote appearance must list the Zoom meeting information.

A notice of hearing involving any remote appearance must list the Zoom meeting information.

CRITICALCriminal cases

Applies to

Notice of hearing

A notice of hearing must identify the case, hearing date, time and location, matters to be heard, presiding judge, and time reserved.

A notice of hearing must include the following minimum information: the case style including case number; the date, time, and location of the hearing; the matter(s) to be heard including docket number or filing date of each motion; the judge presiding over the hearing; and the amount of time reserved for the hearing.

CRITICAL

Applies to

Motion

A motion to cancel or reschedule a foreclosure sale may be considered ex parte only if it is written, copied to all parties, states specific reasons, and includes supporting documentation; relief is limited to cases where good cause is found and is not granted as of right.

The court will consider motions to cancel or reschedule foreclosure sales on ex-parte basis with the following requirements. A written motion is received by the court and a copy is sent to all parties. The motion must contain specific facts setting forth the reasons for the postponement ===== PAGE 6 ===== and the motion must have supporting documentation attached (e.g. sale contract, loan modification information, etc.) Motions will not be granted as a matter of right and will only be granted on a limited basis upon a determination of good cause.

CRITICAL

Applies to

Emergency hearing request

An emergency hearing request must be in writing and state in its introductory or first paragraph why the matter is considered an emergency.

Emergency hearings must be requested in writing , setting forth in the introductory or first paragraph the reasons why the matter is considered an “emergency.”

CRITICAL

Applies to

Jury instructions

Before jury selection, counsel must confer and prepare one joint set of jury instructions, marking agreed instructions and identifying disputed instructions as the Plaintiff’s or Defendant’s requests.

Prior to jury selection, counsel for all parties shall confer and generate one joint set of jury instructions for use of the charge conference. Instructions that are agreed upon shall be so designated; instructions not agreed upon should be labeled as the Plaintiff’s or Defendant’s requested instructions within the joint set.

CRITICAL

Applies to

Motion

A motion to cancel a foreclosure sale must state the specific reasons and whether the opposing party objects; an objection requires a hearing.

The motion must contain specific facts as to the reason for the cancellation and whether the opposing party has any objection. If the opposing party objects, a hearing will be required.

CRITICALCivil cases

Applies to

Examination objection

An objection to an examination must state its specific reasons.

The objections must state the specific reasons for the objections.

CRITICALCivil cases

Applies to

Examination request

A request for an examination must specify its time, place, manner, conditions, and scope, and identify the examiner and their qualifications.

Requests for an examination must set forth the time, place, manner, conditions, and scope of the examination as well as the name of and the qualifications of the person conducting the examination with some specificity.

CRITICALCivil cases

Applies to

Psychological or psychiatric examination

A psychological or psychiatric examination under Rule 1.360(a)(1)(B) requires a court order or a written agreement of all parties.

Psychological or Psychiatric Examinations sought under Rule 1.360(a)(1)(B) (non-physical exams) must be obtained with an order from this Court, or with a written agreement of all parties.

CRITICAL

Applies to

Proposed order

The proposed-order submission email must state whether all parties agree to the order’s form.

The email must indicate whether all parties are in agreement as to the form of the order.

CRITICAL

Applies to

Notice of hearing

A notice of hearing involving a remote appearance must include the Zoom meeting information.

A notice of hearing involving any remote appearance must list the Zoom meeting information.

CRITICALCriminal cases

Applies to

Email

The email must identify the defendant and Volusia County case number, include the out-of-county case numbers and charging documents, include the VOP Affidavit for a probation violation, and identify the county of origin.

In the email you must include the following: 1. Defendant’s name and the Volusia County case number. 2. The OUT OF COUNTY case number(s) along with the Charging Document(s). If the case is a Violation of Probation, please include the VOP Affidavit. (NOT ALL CASE NUMBERS REFLECT THE COUNTY IN WHICH THE CASE RESIDES, PLEASE INCLUDE COUNTY OF ORIGIN)

CRITICAL

Applies to

Emergency motion

A party seeking an emergency hearing must file a detailed motion stating the issues, why 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) the reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICAL

Applies to

Notice of hearing

A notice of hearing must state the case style and number, hearing date, time and location, matters to be heard and their docket numbers or filing dates, presiding judge, and reserved hearing time.

A notice of hearing must include the following minimum information: the case style including case number; the date, time, and location of the hearing; the matter(s) to be heard including docket number or filing date of each motion; the judge presiding over the hearing; and the amount of time reserved for the hearing.

CRITICAL

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.

CRITICAL

Applies to

Out of county plea email

The email notice for an out-of-county plea must include the county and case number and attach the charging affidavit or VOP affidavit.

In order for a Defendant to enter a plea in a case pending in Flagler, Putnam, or St. Johns counties, you must notify the Clerk’s office at VolusiaCriminal@clerk.org and the Court’s Judicial Assistant at mpastor@circuit7.org least 24 hours prior to the plea hearing. You must include in your email the county and case number, and you must attach the charging affidavit or the VOP affidavit.

CRITICALCivil cases

Applies to

Proposed order

A proposed order must be presented to opposing counsel before it is submitted to the Court.

Prior to submitting the proposed order it must be presented to opposing counsel.

CRITICALCivil cases

Applies to

Proposed order

The proposed-order email must state that opposing counsel reviewed the order and whether counsel agrees with its content.

The email to the Court with the attached proposed order must indicate that the proposed order has been shown to opposing counsel for review and whether opposing counsel agrees to its content.

CRITICALCivil cases

Applies to

Motion

The foreclosure-sale motion must state specific facts explaining the reasons for postponement.

the motion must contain specific facts setting forth the reasons for the postponement

CRITICALCivil cases

Applies to

Proposed order

The proposed-order email subject line must say “Proposed Order” and include the case style and case number.

The subject line of the email must state “Proposed Order,” and include the case style and case number.

CRITICALCivil cases

Applies to

Motion

A party seeking audio-video witness testimony must file a motion that complies with Rule 2.530.

If a party seeks to have a witness testify via audio-video communication technology, a motion must be filed that complies with Rule 2.530, Fla. R. Gen. Prac. & Jud. Adm.

CRITICALCivil cases

Applies to

Motion and proposed order

The motion and proposed order must state in their bodies that all parties have agreed to the requested relief.

The motion and proposed order must specify within the body that the relief sought has been agreed to by all parties.

CRITICALCivil cases

Applies to

Emergency motion

An emergency hearing must be requested by written motion stating in its introductory or first paragraph why the matter is an emergency and how much hearing time is needed.

Emergency hearings must be requested by written motion, setting forth in the introductory or first paragraph the reasons why the matter is considered an ===== PAGE 4 ===== “emergency,” and the amount of time needed for a hearing on the motion

CRITICALCivil cases

Applies to

Motion

The foreclosure-sale motion must include attached supporting documentation, such as a sales contract or loan-modification information.

the motion must have supporting documentation attached (e.g. sales contract, loan modification information, etc.)

CRITICALCivil cases

Applies to

Discovery motion

Unless there has been a complete failure to respond or object, a discovery motion must quote each disputed request and the full allegedly insufficient response or the objection and its grounds; attaching them alone is insufficient.

Unless there has been a complete failure to respond or object to written discovery requests, motions to compel discovery must include in the body of the motion in quotation, each interrogatory, deposition question, request for admission, or request for production to which the motion is addressed, followed by quotation, in full, of the answer or response which is asserted to be insufficient, or the objection and grounds stated by the opposing party. Merely attaching the request and alleged deficient response to the motion will not suffice.

CRITICALCivil cases

Applies to

Motion

A motion to withdraw must state the reasons for withdrawal and the client’s last known address.

The motion must set forth the reasons for withdrawal and the client’s last known address.

CRITICALCivil cases

Applies to

Notice of cancellation

A Notice of Cancellation must be filed when a hearing is cancelled.

If a hearing is cancelled, a Notice of Cancellation must be filed

CRITICALCivil cases

Applies to

Notice of hearing

A hearing notice must identify the hearing room or courtroom and must not state that the hearing is remote.

All notices of hearing must identify the hearing room or courtroom where the hearing will take place and shall not indicate the hearing is a remote hearing.

CRITICALCivil cases

Applies to

Motion

A hearing must be scheduled if the client does not consent in writing to counsel’s withdrawal.

If the client does not consent to the withdrawal in writing, a hearing will need to be scheduled.

CRITICALCivil cases

Applies to

Notice of hearing

Every hearing notice must contain the ADA notification required by the cited rule.

All notices of hearing must contain the ADA notification required by Fla. R. Gen Prac. and Jud. Admin. 2.540.

CRITICALCivil cases

Applies to

Reply

A movant may file a reply to a summary judgment opposition only with Court authorization; unauthorized replies will not be considered.

Replies by movants to a non-movant’s response in opposition to a motion for summary judgment are not permitted absent an order from the Court. Replies filed without Court authorization will not be considered.

CRITICALCivil cases

Applies to

Jury instructions

Before jury selection, counsel must confer and prepare one joint set of proposed jury instructions, identifying agreed and disputed instructions and citing their sources; plaintiff’s counsel prepares the set unless the plaintiff is unrepresented, in which case defense counsel does.

Prior to jury selection, counsel for all parties shall confer and generate one joint set of jury instructions for use at the charge conference. Instructions that are agreed upon shall be so designated; instructions not agreed upon should be labeled as the Plaintiff’s or Defendant’s requested instructions within the joint set. Citations to the source of the instructions should be noted therein. Plaintiff’s counsel (unless Plaintiff is unrepresented, in which case defense counsel) is responsible for creating the joint set of proposed instructions.

CRITICALCivil cases

Applies to

Motion

A motion to substitute counsel must comply with Florida Rule of General Practice and Judicial Administration 2.505 and include the client’s written consent.

Motions to substitute counsel must comply with Fla. R. Gen. Prac. & Jud. Adm. 2.505 and contains the client’s written consent.

CRITICALCivil cases

Applies to

Notice of intent to appear via zoom

Counsel or parties appearing by Zoom must file a Notice of Intent to Appear via Zoom to notify opposing counsel and the Court.

Counsel/parties appearing by Zoom shall notify opposing counsel and the Court of their intention by filing a Notice of Intent to Appear via Zoom.

CRITICALCivil cases

Applies to

Notice of trial

The Notice of Trial must state whether trial is by jury or non-jury and its expected length; it should also identify an agreed specific trial term.

If a specific trial term is agreed to by the parties, the Notice should so specify. The Notice of Trial must specify whether the trial is by jury or non-jury, and the expected length of the trial.

CRITICALCivil cases

Applies to

Notice of hearing

For a non-evidentiary hearing scheduled for less than one hour, the notice must include the specified Zoom-appearance language.

For non- evidentiary hearings scheduled for less than one hour, the notice shall additionally specify “parties and/or counsel may appear by Zoom in lieu of in-person appearance and must strictly adhere to the Zoom attendance guidelines.”

CRITICALCivil cases

Applies to

Notice of hearing

A notice of hearing must state the amount of time reserved for the hearing.

5. The amount of time reserved for the hearing.

CRITICALCivil cases

Applies to

Notice of hearing

For hearings that permit Zoom attendance, counsel must include the Zoom access information in the notice of hearing.

4. For hearings in which Zoom attendance is permitted, counsel shall include the Zoom access information located below and on the Court’s webpage at www.circuit7.org.

CRITICALCivil cases

Applies to

Notice of hearing

A notice of hearing must specify the hearing location.

2. The Notice must specify the location of the hearings.

CRITICALCivil cases

Applies to

Notice of hearing

A notice of hearing must identify the motion or motions to be heard and their file date.

Please prepare a NOTICE OF HEARING and include the following: 1. Motion(s) to be heard and file date.

CRITICALCivil cases

Applies to

Notice of hearing

A notice of hearing must not state that the hearing is by Zoom only.

3. The Notice shall not specify the hearing is by Zoom only, since in-person appearances are permitted at any hearing and required for all evidentiary hearings and hearings scheduled for one hour or longer.

CRITICALCivil cases

Applies to

Checklist

Review and sign the applicable certification clause before submitting the checklist with the petition.

Please review and sign the applicable certification clause at the end of the checklist prior to submitting it with your Petition.

CRITICALCivil cases

Applies to

Checklist

Complete Certification B if any checklist item is unchecked.

If any of the items below are not check, please complete “Certification B.”

CRITICAL

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.

CRITICAL

Applies to

Proposed order

Before submitting the proposed examining committee order, the filing party must confirm the three proposed members are available.

In accordance with Seventh Circuit Administrative Order, the filing party MUST coordinate with the three proposed members of the committee to ensure their availability before submitting your proposed order.

CRITICAL

Applies to

Remote appearance request

A request to appear using communication technology must be made by motion unless the Court specifically authorizes it when scheduling.

Requests to use communication technology for an appearance must be made by motion unless specifically authorized by the Court when scheduling.

CRITICAL

Applies to

Emergency temporary guardianship

Must include

proposed order

When an emergency Temporary Guardianship is filed, the filing party must simultaneously transmit two proposed orders to the Court.

If an emergency Temporary Guardianship is filed, the filing party must simultaneously transmit two proposed orders to the Court

CRITICAL

Applies to

Notice of hearing

A notice of hearing for a remote appearance must list the judicial Zoom credentials.

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

CRITICAL

Applies to

Exhibit

Attorneys and self-represented litigants must bring enough copies of each exhibit for the Clerk, the Court, and every party to review.

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.

CRITICAL

Applies to

Continuance motion

A continuance motion must be signed by the requesting party unless good cause is shown.

Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).

CRITICAL

Applies to

Checklist

The homestead checklist must have all applicable blanks completed, and the corresponding documents must be filed.

Ensure you have filled in all applicable blanks and filed corresponding documents.

CRITICAL

Applies to

Proposed order

Each proposed order must include a cover letter certifying agreement or identifying any disagreement among the parties.

All proposed orders must be accompanied by a cover letter (email is sufficient) 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.

CRITICAL

Applies to

Petition

A homestead petition filed without estate administration must be accompanied by a checklist emailed to the division at the same time as the petition is filed.

However, to ensure that all the rule and statute requirements are met, this Division requires that the filing party email a checklist available at this link to the division46@circuit7.org mailbox simultaneously with your filing of the petition.

CRITICAL

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.

CRITICAL

Applies to

Motion

A party seeking an emergency hearing on a factual basis must file a detailed motion stating the issues, why 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) the reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICAL

Applies to

Plea form

A fully executed plea form is required for pleas to criminal charges and violations of probation, including traffic offenses.

All pleas to criminal charges and violations of probation, including traffic offenses, require a fully executed plea form.

CRITICAL

Applies to

Notice of hearing

Must include

case number

A notice of hearing must identify the case and case number, hearing date, time and location, matters to be heard and their docket numbers or filing dates, presiding judge, and time reserved.

A notice of hearing must include the following minimum information: the case style including case number; the date, time, and location of the hearing; the matter(s) to be heard including docket number or filing date of each motion; the judge presiding over the hearing; and the amount of time reserved for the hearing.

CRITICAL

Applies to

Notice of hearing

A notice of hearing involving a remote appearance must list the Zoom meeting information.

A notice of hearing involving any remote appearance must list the Zoom meeting information.

CRITICAL

Applies to

Out of county plea notice

The out-of-county plea notice email must identify the county and case number and attach the charging affidavit or VOP affidavit.

You must include in your email the county and case number, and you must attach the charging affidavit or the VOP affidavit.

CRITICAL

Applies to

Notice of hearing

A notice of hearing involving a remote appearance must include the Zoom meeting information.

A notice of hearing involving any remote appearance must list the Zoom meeting information.

CRITICAL

Applies to

Notice of hearing

Must include

judge name, case number

A notice of hearing must identify the case, hearing details, matters to be heard, presiding judge, and reserved hearing time.

A notice of hearing must include the following minimum information: the case style including case number; the date, time, and location of the hearing; the matter(s) to be heard including docket number or filing date of each motion; the judge presiding over the hearing; and the amount of time reserved for the hearing.

CRITICAL

Applies to

Proposed order

The email submitting a proposed order must state whether all parties agree as to its form.

The email must indicate whether all parties agree as to the form of the order.

CRITICAL

Applies to

Notice of cancellation

After the Judicial Assistant confirms a hearing cancellation, the cancelling party must file a Notice of Cancellation and email a courtesy copy to the Judicial Assistant.

Once the Judicial Assistant confirms the cancellation, the cancelling party must file a Notice of Cancellation and send a courtesy copy to the Judicial Assistant via email.

CRITICAL

Applies to

Out of county plea notification email

The plea notification email must include the county and case number and attach the charging affidavit or VOP affidavit.

You must include in your email the county and case number, and you must attach the charging affidavit or the VOP affidavit.

CRITICAL

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.

CRITICAL

Applies to

Conference request

A request for a Case Management Conference or status conference must state why the conference is necessary.

Requirements: Any request by a party for a Case Management Conference or status conference must articulate the reasons for the necessity of the conference.

CRITICAL

Applies to

Motion

A party seeking an emergency hearing on a factual basis must file a detailed motion stating the issues, why 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) the reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICAL

Applies to

Notice of hearing

All notices 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.

CRITICAL

Applies to

Emergency hearing motion

A party seeking an emergency hearing on a factual basis must file a detailed motion stating the issues, why an emergency hearing is necessary, and the presentation time needed for each party.

If a party believes there is a factual basis for setting an emergency hearing, a detailed motion setting forth the following must be filed: 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.

CRITICAL

Applies to

Notice of hearing

A notice of hearing involving a remote appearance must list the judge’s Zoom credentials.

A notice of hearing involving any remote appearance must list the judge’s Zoom credentials.

CRITICAL

Applies to

Case management or status conference request

A request for a case management or status conference must explain why the conference is necessary.

Any request for a CMC or status conference must articulate the reasons for the necessity of the conference.

CRITICAL

Applies to

Proposed order

The email or cover letter accompanying a proposed order must state whether the opposing counsel or party agrees with its form and content, and the parties must be copied on the email.

The email and/or cover letter must state if the opposing counsel or party has agreed with the form and content and the parties must be copied in the email.

CRITICAL

Applies to

Motion

Unless good cause is shown, the party requesting a continuance must sign the motion.

Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).

CRITICAL

Applies to

Final judgment or final order

A signed Final Judgment or Final Order is required before the case may be removed from the calendar.

A Final Judgment or Final Order must be signed before the case can be removed from the calendar.

CRITICAL

Applies to

Notice of hearing

All notices 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.

CRITICAL

Applies to

Notice of hearing

A notice of hearing must state the case style and number, hearing date, time and location, matters to be heard with each motion’s docket number or filing date, and the time reserved.

A notice of hearing must include the following information: 1) the case style and case number; 2) the date, time, and location of the hearing; 3) the matter(s) to be heard including docket number or filing date of each motion; and 4) the amount of time reserved for the hearing.

CRITICAL

Applies to

Notice of hearing

A notice of hearing involving a remote appearance must include the Zoom meeting information.

A notice of hearing involving any remote appearance must also include the Zoom meeting information.

CRITICAL

Applies to

Cross notice of hearing

A party may not cross-notice an additional motion for a previously scheduled hearing unless all parties agree.

Cross-noticing a hearing to add another motion to a previously scheduled hearing is not permitted unless all parties agree.

CRITICAL

Applies to

Proposed order

Proposed orders must be submitted in Word format by email to the Judicial Assistant, and the email must state whether all parties agree as to the order’s form.

All proposed orders must be submitted in Word format by email to the Court’s Judicial Assistant at division43@circuit7.org. The email must indicate whether all parties agree as to the form of the order.

CRITICAL

Applies to

Jury instructions

The Assigned Assistant State Attorney must email a complete set of jury instructions, including the verdict form, in Word Format to the Judicial Assistant by noon on the Friday before jury selection.

A complete set of jury instructions, including the verdict form, must be sent in Word Format by the Assigned Assistant State Attorney to the Court’s Judicial Assistant at janderson@circuit7.org by noon on the Friday preceding jury selection.

CRITICAL

Applies to

Cross notice of hearing

A cross-notice must state that all parties agree to the additional motion and confirm that sufficient hearing time is available.

A cross-notice of hearing must indicate that all parties agree to the additional motion(s) being heard and must confirm that there is adequate time to hear the additional motion(s).

CRITICAL

Applies to

Motion

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

Requirements: 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 issue(s) to be resolved, (2) the reason(s) why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICALCivil cases

Applies to

Notice of hearing

The notice of hearing must state the time reserved for the hearing.

4. Time reserved for the hearing

CRITICAL

Applies to

Motion

A proposed ex parte discovery-compulsion order requires written notice giving the opposing party 10 days to provide discovery, attached to the motion to compel.

Ex-Parte Orders Compelling Discovery: If you are sending in a proposed ex-parte order compelling the production of discovery, you must comply with Administrative Order FM-2022-011-SC which requires written notice to the opposing party giving 10 days to provide discovery and attaching that notice to the motion to compel.

CRITICALCivil cases

Applies to

Notice of hearing

The notice of hearing must specify the hearing location.

The Notice must specify the location of the hearing.

CRITICAL

Applies to

Notice of hearing

A notice of hearing must state the specified case, hearing, motion, judge, and time-reserved information, include Zoom details for remote appearances, and contain the required ADA notification.

A notice of hearing must include the following minimum information: the case style including case number; the date, time, and location of the hearing; the matter(s) to be heard including docket number or filing date of each motion; the judge presiding over the hearing; and the amount of time reserved for the hearing. A notice of hearing involving any remote appearance must list the Zoom meeting information. All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540.

CRITICALCivil cases

Applies to

Notice of hearing

The notice of hearing must identify the motion or motions to be heard.

1. Motion(s) to be heard

CRITICAL

Applies to

Notice of hearing

Before unilaterally scheduling a hearing, the requesting party must make good-faith reasonable coordination efforts and identify the unilateral setting and certify those efforts in writing.

Before scheduling any hearing, the party requesting the hearing time shall make good faith reasonable efforts to coordinate the date and time of the hearing with all opposing parties. If, after making good faith reasonable efforts, the party is unable to coordinate a mutually agreeable date and time, a party may then unilaterally schedule the hearing. The notice of hearing shall indicate that it is unilaterally scheduled, and the party (or counsel) must certify in writing that they have made good faith, reasonable efforts to coordinate the scheduling of the hearing with the opposing parties.

CRITICAL

Applies to

Motion

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

Requirements: 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) the reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICAL

Applies to

Motion

A motion for continuance must be signed by the party requesting it.

The motion must be signed by the party requesting the continuance, as required by Florida Rules of General Practice and Judicial Administration 2.534(e).

CRITICALCriminal cases

Applies to

Emergency motion

A party seeking an emergency hearing based on a factual basis must file a detailed motion stating the issues to be resolved, why 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) the reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

CRITICALCriminal cases

Applies to

Case management or status conference request

A request for a case management or status conference must explain why the conference is necessary.

• Requirements: Any request by a party for a CMC or status conference must articulate the reasons for the necessity of the conference.

CRITICALCriminal cases

Applies to

Proposed order

Proposed orders must be submitted in Word format by email to the Judicial Assistant, and the email must state whether all parties agree on the form of the order.

All proposed orders must be submitted in Word format by email to the Court’s Judicial Assistant at Division41@circuit7.org. The email must indicate whether all parties are in agreement as to the form of the order.

CRITICALCriminal cases

Applies to

Notice of hearing

A notice of hearing must state the case style and number, hearing date, time and location, matters to be heard and their docket numbers or motion filing dates, presiding judge, and reserved hearing time.

A notice of hearing must include the following minimum information: the case style including case number; the date, time, and location of the hearing; the matter(s) to be heard including docket number or filing date of each motion; the judge presiding over the hearing; and the amount of time reserved for the hearing.

CRITICALCriminal cases

Applies to

Notice of hearing

Notices 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.

CRITICALCriminal cases

Applies to

Out of county plea notification email

The out-of-county plea notification email must include the county and case number and attach the charging affidavit or VOP affidavit.

• Procedure: In order for a Defendant to enter a plea in a case pending in Flagler, Putnam, or St. Johns counties, you must notify the Clerk’s office at VolusiaCriminal@clerk.org and the Court’s Judicial Assistant at cbrick@circuit7.org at least 24 hours prior to the plea hearing. You must include in your email the county and case number, and you must attach the charging affidavit or the VOP affidavit.

CRITICALCivil cases

Applies to

Notice to creditors

The notice to creditors must identify the estate and relevant representatives and direct creditors to file claims with the court within the time provided by law.

(1) The notice to creditors must contain the name of the decedent, the file number of the estate, the designation and address of the court, the name and address of the personal representative and of the personal representative’s attorney, and the date of first publication of the notice to creditors. The notice requires all creditors to file all claims against the estate with the court, within the time provided by law.

CRITICALCivil cases

Applies to

Petition for discharge

The petition for discharge must be verified and state that the letters were revoked, estate property and records were surrendered, and the compensation paid or to be paid.

The petition for discharge shall be verified and shall state: (1) that the letters of the resigning personal representative have been revoked; (2) that the resigning personal representative has surrendered all undistributed estate assets, records, documents, papers, and other property of or concerning the estate to the remaining personal representative or the successor fiduciary; and (3) the amount of compensation paid or to be paid the resigning personal representative and the attorney and other persons employed by the resigning personal representative.

CRITICALCivil cases

Applies to

Annual plan

The annual plan must answer every question and fill every blank, using “not applicable” when a question does not apply.

7. Type or print answers to all of the questions on the plan. If the question does not apply to your ward’s circumstances, write in the phrase “not applicable.” Fill in all the blanks.

CRITICALCivil cases

Applies to

Petition for administration

A petition for administration must be verified by the petitioner and include the required information.

The petition for administration shall be verified by the petitioner and shall contain:

CRITICALCivil cases

Applies to

Notice

The Florida guardian of the property must publish a notice containing the listed information; the excerpt ends during the notice’s list of required contents.

(d) Notice. The Florida guardian of the property shall publish a notice as required by law, which shall state: (1) the name of the ward; (2) the file number of the guardianship; (3) the designation and address of the court; (4) the name and address of the guardian and the guardian’s attorney; (5) the name and address of the foreign guardian and the foreign guardian’s attorney, if any; (6) the date of first publication; (7) that a petition for discharge has been filed upon the grounds of change of domicile of the ward; (8) the date the guardian will apply for discharge;

CRITICALCivil cases

Applies to

Petition for guardian advocate

The petition must state the person’s name, age, county of residence, and present address.

(2) the name, age, county of residence, and present address of the person with a developmental disability;

CRITICALCivil cases

Applies to

Petition

The petition must provide the guardian’s name, residence, and mailing address.

Does the petition provide name, residence and mailing address of the guardian?

CRITICALCivil cases

Applies to

Petition

The petition must identify the will and any codicils to be admitted to probate.

Petition identifies the Will and any Codicils to be admitted to Probate.

CRITICALCivil cases

Applies to

Objection

An objection must be written and identify each challenged item and the grounds for the objection with particularity.

Any objection must be in writing and must state with particularity each item to which the objection is directed and the grounds on which the objection is based.

CRITICALCivil cases

Applies to

Order

An order finding a person incapable of exercising delegable rights must specify whether an alternative to guardianship will sufficiently address that person’s problems.

When an order determines that a person is incapable of exercising delegable rights, it must specify whether there is an alternative to guardianship that will sufficiently address the problems of the incapacitated person.

CRITICALCivil cases

Applies to

Caveat

A non-Florida-resident caveator must designate a county resident as agent for service and file the agent’s written acceptance with the designation or include it in the caveat, unless a Florida-admitted attorney representing the caveator signs the caveat.

If the caveator is not a resident of Florida, the caveator must file a designation of the name and specific mailing address and residence address of a resident in the county where the caveat is filed as the caveator’s agent for service of notice. The written acceptance by the person appointed as resident agent must be filed with the designation or included in the caveat. ... If the caveator is represented by an attorney admitted to practice in Florida who signs the caveat, it shall not be necessary to designate a resident agent under this rule.

CRITICALCivil cases

Applies to

Petition

The petition must identify the Will and Codicils, state that the petitioner knows of no others, and state that the original Will or an authenticated copy is in or accompanies the petition.

Identify the Will & Codicils presented for Probate State petitioner is unaware of any other Wills or Codicils State the original Will (or authenticated copy) is in possession of the court or accompanies the petition.

CRITICALCivil cases

Applies to

Petition

The petition must be signed by a Florida-licensed attorney and indicate the attorney’s address, phone number, and Florida Bar number.

Is the petition signed by a Florida licensed attorney indicating his address, phone number and FL Bar number?

CRITICALCivil cases

Applies to

Motion

A motion to withdraw must state the reasons for withdrawal and the client’s last known address.

The motion must set forth the reasons for withdrawal and the client's last known address.

CRITICALCivil cases

Applies to

Verified petition

An application for authorization or confirmation of a guardian’s act must be a verified petition stating the six specified categories of facts.

(a) Contents. When authorization or confirmation of any act of the guardian is required under sections 744.422 or 744.441, Florida Statutes, application must be made by verified petition stating the facts showing: (1) the expediency or necessity for the action; (2) a description of any property involved; (3) the price and terms of any sale, mortgage, or other contract; (4) whether the ward has been adjudicated incapacitated to act with respect to the rights to be exercised; (5) whether the action requested conforms to the guardianship plan; and (6) the basis for the relief sought.

CRITICALCivil cases

Applies to

Guardianship petition

The declarant must affirm under penalty of perjury that they read the foregoing and that its factual allegations are true to the best of their knowledge and belief.

Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief.

CRITICALCivil cases

Applies to

Oath of personal representative

An individual personal representative’s oath must state that the representative reviewed the qualification statutes, is qualified to serve, and has a continuing duty to file and serve notice of a disqualifying event.

For an individual, the oath must also contain a statement that the personal representative has reviewed the statutes relating to the requirements for appointment as personal representative, that the personal representative is qualified to serve, and that the personal representative has a continuing duty to file and serve a notice upon the occurrence of an event that would disqualify the personal representative.

CRITICALCivil cases

Applies to

Affidavit

The affidavit must state the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses from the last 60 days of the last illness.

(5) a statement setting forth the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness;

CRITICALCivil cases

Applies to

Notice of election

The notice of election must identify the attorneys for the surviving spouse and personal representative and include the three specified statements about contribution, objections, and an order without further notice.

The notice of election must indicate the names and addresses of the attorneys for the surviving spouse and the personal representative and must state that: (A) persons receiving a notice of election may be required to contribute toward the satisfaction of the elective share; (B) objections to the election must be served within 20 days after service of the copy of the notice of election; and (C) if no objection to the election is timely served, an order determining the surviving spouse’s entitlement to the elective share may be granted without further notice.

CRITICALCivil cases

Applies to

Continuation order

An order authorizing continuation must state the form and frequency of the business’s or venture’s accounting.

(3) the form and frequency of accounting by that business or venture.

CRITICALCivil cases

Applies to

Witness testimony

Each witness’s testimony must be reduced to writing and filed, and may be used as evidence in a will contest if the witness has died or moved from the state.

(c) Testimony. The testimony of each witness in the proceeding shall be reduced to writing and filed and may be used as evidence in any contest of the will if the witness has died or moved from the state.

CRITICALCivil cases

Applies to

Petition

A petition seeking review must state its grounds.

The petition shall state the grounds on which it is based.

CRITICALCivil cases

Applies to

Petition

The petition must state the basis for venue, the approximate value and nature of the assets, and whether domiciliary or principal proceedings are pending elsewhere.

Other Information required by Statute or Rule Statement to show venue State the approximate value & nature of assets State whether domiciliary or principal proceedings are pending elsewhere

CRITICALCivil cases

Applies to

Petition

An application for extraordinary authority must be a verified petition stating the petitioner’s interest, the authority requested, and the factual basis and best-interest grounds for relief.

When authorization for extraordinary authority is sought as permitted by law, application shall be made by verified petition stating: (1) the petitioner’s interest in the proceeding; (2) the specific authority requested; and (3) the facts constituting the basis for the relief sought and that the authority being requested is in the best interest of the ward.

CRITICALCivil cases

Applies to

Petition for ancillary letters

A petition for ancillary letters must be verified and include the specified materials applicable to the estate and requested appointment.

(a) Petition. The contents of the petition for ancillary letters shall be as provided in rule 5.200. The petition shall be verified and shall include: (1) for a testate estate, an authenticated copy of so much of the domiciliary proceedings as will show the will, petition for probate, order admitting the will to probate, and authority of the personal representative; (2) for an intestate estate, an authenticated copy of so much of the domiciliary proceedings as will show the petition for administration, and authority of the personal representative to act; or (3) if appointment of someone other than the domiciliary personal representative is requested, a statement of the facts constituting grounds on which appointment is sought.

CRITICALCivil cases

Applies to

Petition

When authorization or confirmation is required, the personal representative must file a verified petition stating the reasons for the sale, describing the property, and stating the sale price and terms.

When authorization or confirmation of the sale of real property is required, the personal representative shall file a verified petition setting forth the reasons for the sale, a description of the real property sold or proposed to be sold, and the price and terms of the sale.

CRITICALCivil cases

Applies to

Address change notice

A personal representative or guardian must notify the court of an address change within 20 days.

The personal representative or guardian must notify the court of any change in its residence address, street address, or mailing address within 20 days of the change.

CRITICALCivil cases

Applies to

Verified petition

An application for authorization must be a verified petition stating the specified facts and including the required supporting documents.

When authorization for any act of the professional guardian is required under section 744.4431, Florida Statutes, application must be made by verified petition stating the facts showing: (A) a description of the proposed action or decision for which court approval is sought; (B) documentation of the authority of the professional guardian to make health care decisions on behalf of the ward; (C) a statement regarding any known objections to the relief sought; (D) a description of the ward’s known wishes, including all advance directives executed by the ward, or, if there is no indication of the ward’s wishes, a description of why the relief sought is in the best interests of the ward; (E) a description of exigent circumstances that exist which necessitate immediate relief; and (F) a description of the circumstances requiring the proposed action or decision, which must include supporting documents that are consistent with sections 765.305, 765.401(3), or 765.404, Florida Statutes.

CRITICALCivil cases

Applies to

Probate petition

The petition must provide the listed information about the proposed personal representative, including qualifications, appointment priority, and specified disclosures if the representative is an individual.

Required Information Regarding Personal Representative - Effective 11/4/2021 (this should be in the petition) Contain the name and address of P.R. and state that they are qualified to serve under FL law State priority of person/business seeking to be P.R. Whether there is any other person of equal or higher preference to appointment If yes, the name(s) of that person(s) and a statement regarding whether that person will be served with formal notice (Rule 5.200(k)). Name(s): ____________________________________________________________________ ____________________________________________________________________ Statement if the Personal Representative is a: Individual or Business *if the P.R. is an individual: State whether the person has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in section F.S. 825.101 State whether they have been convicted of a felony State whether the person is 18 years of age or older State whether the person is mentally and physically able to perform duties State if the person is a resident of Florida and, if not, provide the relationship to the decedent.

CRITICALCivil cases

Applies to

Inventory

Each person present at the initial opening must verify the box’s contents by signing a copy of the inventory under penalties of perjury.

Each person who was present at the initial opening must verify the contents of the box by signing a copy of the inventory under penalties of perjury.

CRITICALCivil cases

Applies to

Monitor report

The monitor must file a verified written report with the court setting forth the monitor’s findings.

(c) Report. The monitor shall file a verified written report with the court setting forth the monitor’s findings.

CRITICALCivil cases

Applies to

Petition

The petition must state the known names, relationships, and addresses of the alleged incapacitated person’s next of kin and the birth year of any minors.

(7) the names, relationships, and addresses of the next of kin of the alleged incapacitated person, specifying the year of birth of any who are minors, to the extent known to the petitioner;

CRITICALCivil cases

Applies to

Petition for guardian advocate

The petition must state the legal disabilities to which the person is subject.

(5) the legal disabilities to which the person is subject;

CRITICALCivil cases

Applies to

Petition

The petition must state the nature and value of the property subject to the guardianship.

State the nature and value of the property subject to this guardianship?

CRITICALCivil cases

Applies to

Ancillary administration filing

A qualifying foreign personal representative may file an authenticated transcript showing the probated will and codicils, probate order, letters or equivalent, and beneficiary names—or an affidavit addressing undisclosed names.

(a) Filing Requirements. The foreign personal representative of a testate estate that meets the requirements of section 734.1025, Florida Statutes, may file with the clerk in the county where any property is located an authenticated copy of so much of the transcript of the foreign proceedings as will show: (1) the probated will and all probated codicils of the decedent; (2) the order admitting them to probate; (3) the letters or their equivalent; and (4) the part of the record showing the names of the beneficiaries of the estate or an affidavit of the foreign personal representative reciting that the names are not shown or not fully disclosed by the foreign record and specifying the names.

CRITICAL

The filing must be signed by the attorney or pro se party.

Signed by attorney or pro se party?

CRITICALCivil cases

Applies to

Court order

If the court finds probable cause, it must enter an order directed to the respondent stating the essential facts constituting the charged conduct and requiring the respondent to appear and show cause.

(2) If the court finds probable cause, the court shall enter an order directed to the respondent stating the essential facts constituting the conduct charged and requiring the respondent to appear before the court to show cause why the court should not

CRITICALCivil cases

Applies to

Schedule e

Schedule E should identify where assets are held and provide their legal descriptions, certificate numbers, or other identifying information.

(Indicate where held and legal description, certificate numbers, or other identification.)

CRITICALCivil cases

Applies to

Petition

The petitioner must verify the petition.

The petition shall be verified by the petitioner

CRITICALCivil cases

Applies to

Petition

The petition must identify the beneficiaries named in the will, if testate, and heirs at law, provide their addresses and relationships, and state the birth year of any minor.

Heirs & Beneficiaries and Marital Status: Rule 5.200 (c) Beneficiaries listed in the Will (if Testate) & heirs at law Address for Beneficiaries & Heirs State their relationship Provide birth year for Minors

CRITICALCivil cases

Applies to

Notice of taking possession

The notice must contain the property description, preservation-purpose statement, personal representative and attorney contact information, and, when applicable, the date possession began.

(b) Contents of Notice. The notice shall contain: (1) a legal description of the property; (2) a statement of the limited purpose for preserving, insuring, and protecting it for the heirs or devisees pending a determination of the homestead status; (3) the name and address of the personal representative and the personal representative’s attorney; (4) if the personal representative is in possession when the notice is filed, the date the personal representative took possession.

CRITICALCivil cases

Applies to

Petition for administration

For a testate estate, the petition must identify the unrevoked wills and codicils presented for probate and state whether other unrevoked instruments are known or why any known ones are not being probated.

(i) in a testate estate, a statement identifying all unrevoked wills and codicils being presented for probate, and a statement that the petitioner is unaware of any other unrevoked wills or codicils or, if the petitioner is aware of any other unrevoked wills or codicils, a statement why the other wills or codicils are not being probated;

CRITICALCivil cases

Applies to

Petition for guardian advocate

The petition must state whether authority is sought to seek periodic support of the person with a developmental disability.

(10) whether authority is sought to seek periodic support of the person with a developmental disability; and

CRITICALCivil cases

Applies to

Petition for discharge

The petition for discharge must state that the estate is fully administered, address claims, taxes and expenses, compensation, and provide a distribution plan with the listed schedules and retained funds.

(b) Contents. The petition for discharge shall contain a statement: (1) that the personal representative has fully administered the estate; (2) that all claims which were presented have been paid, settled, or otherwise disposed of; (3) that the personal representative has paid or made provision for taxes and expenses of administration; (4) showing the amount of compensation paid or to be paid to the personal representative, attorneys, accountants, appraisers, or other agents employed by the personal representative and the manner of determining that compensation; (5) showing a plan of distribution which shall include: February 27, 2025 Florida Probate Rules 175 ===== PAGE 176 ===== (A) a schedule of all prior distributions; (B) the property remaining in the hands of the personal representative for distribution; (C) a schedule describing the proposed distribution of the remaining assets; and (D) the amount of funds retained by the personal representative to pay expenses that are incurred in the distribution of the remaining assets and termination of the estate administration;

CRITICALCivil cases

Applies to

Petition for guardian advocate

The petition must state the petitioner’s belief that the person needs a guardian advocate and the factual basis for that belief.

(3) that the petitioner believes that the person needs a guardian advocate and the factual information on which the belief is based;

CRITICALCivil cases

Applies to

Order

An order authorizing or confirming a sale must describe the real property.

If the sale is authorized or confirmed, the order shall describe the real property.

CRITICALCivil cases

Applies to

Petition

Petitioner’s Info: Rule 5.200(a) Name & Address Name & Office Address of Attorney Sworn to & Signed by Petitioner(s)

Petitioner’s Info: Rule 5.200(a) Name & Address Name & Office Address of Attorney Sworn to & Signed by Petitioner(s)

CRITICALCivil cases

Applies to

Notice of lien

A notice of lien must include the personal representative’s and attorney’s names and addresses, the property’s legal description, known interested persons’ names and addresses, and a statement describing the expenditures or obligations and the lien’s security purpose.

(b) Contents. The notice of lien shall contain: (1) the name and address of the personal representative and the personal representative’s attorney; (2) the legal description of the real property; (3) to the extent known, the name and address of each person appearing to have an interest in the property; and (4) a statement that the personal representative has expended or is obligated to expend funds to preserve, maintain, insure, or protect the property and that the lien stands as security for recovery of those expenditures and obligations incurred, including fees and costs.

CRITICALCivil cases

Applies to

Annual plan

If there are co-guardian advocates, both must sign the plan.

If there are co-guardian advocates, both must sign the plan.

CRITICALCivil cases

Applies to

Petition

A petition must state the relief sought, its grounds, and the court’s jurisdiction if not already shown.

A petition shall contain a short and plain statement of the relief sought, the grounds therefor, and the jurisdiction of the court where the jurisdiction has not already been shown.

CRITICALCivil cases

Applies to

Waiver or consent

A waiver pertaining to compensation must state that the waiving party knows the amount and method of determining compensation and must include either agreement to the compensation and waiver of objection or waiver of the right to petition the court to determine it.

(4) if the waiver pertains to compensation, language declaring that the waiving party has actual knowledge of the amount and manner of determining the compensation and, in addition, either: (A) that the party has agreed to the amount and manner of determining that compensation and waives any objection to payment; or (B) that the party has the right to petition the court to determine the compensation and waives that right.

CRITICALCivil cases

Applies to

Order

An order authorizing or confirming an act must describe the permitted act and authorize the guardian to perform it or confirm its performance.

(1) If the act is authorized or confirmed, the order must describe the permitted act and authorize the guardian to perform it or confirm its performance.

CRITICALCivil cases

Applies to

Petition for appointment of guardian

The petition must be verified and state the specified venue, residence, guardianship, proposed-guardian, and notice-request information.

(a) Petition for Appointment of Guardian. The petition for voluntary guardianship shall be verified by the petitioner and shall state: February 27, 2025 Florida Probate Rules 240 ===== PAGE 241 ===== (1) the facts to establish venue; (2) the petitioner’s residence and post office address; (3) that the petitioner although mentally competent is incapable of the care, custody, and management of the petitioner’s estate by reason of age or physical infirmity, and is voluntarily petitioning to have a guardian of the petitioner’s property appointed; (4) whether the guardianship shall apply to all of the petitioner’s property or less than all of the petitioner’s property; and if less than all of the petitioner’s property, the specific property to which the guardianship is to apply; (5) the name and residence and post office address of any proposed guardian; (6) that the proposed guardian is qualified to serve or that a willing and qualified proposed guardian has not been located; and (7) the names and post office addresses of persons to whom the petitioner requests that notice of the hearing for the appointment of the guardian, and any petition for authority to act, be given.

CRITICALCivil cases

Applies to

Business accounts and reports

A personal representative conducting an unincorporated business or venture must keep separate, full, and accurate accounts of receipts and expenditures and make reports as required by the court.

(a) Separate Accounts and Reports. In the conduct of an unincorporated business or venture, the personal representative shall keep separate, full, and accurate accounts of all receipts and expenditures and make reports as the court may require.

CRITICALCivil cases

Applies to

Petition

The petition must provide the ward’s name, age, residence, and post office address.

Does the petition provide the ward’s name, age, residence and post office address?

CRITICALCivil cases

Applies to

Petition for appointment of standby guardian for incapacitated person

A currently serving guardian must verify the petition and include the specified information about the petitioner, incapacitated person, incapacity, guardianship, property, and known next of kin.

The petition shall be verified by the petitioner and shall state: (A) the petitioner’s residence and post office address; (B) the name, age, and residence and post office address of the incapacitated person; (C) the nature of the incapacity, the extent of guardianship, either limited or plenary, and the nature and value of property subject to the guardianship; (D) the names and addresses of the next of kin of the incapacitated person known to the petitioner;

CRITICALCivil cases

Applies to

Petition

The petition must provide the decedent’s name and address, date of death, state and county of domicile, and the last four digits of the Social Security number.

Decedent Info: Rule 5.200 (b) Name & Address Date of Death State & County of domicile Last 4 digits of Social Security Number

CRITICALCivil cases

Applies to

Summary administration petition

To the extent known, the petition must state the names and addresses of any surviving spouse and the beneficiaries, their relationships to the decedent, and the birth year of any minor beneficiaries.

so far as is known, the names and addresses of the surviving spouse, if any, and the beneficiaries and their relationship to the decedent and the year of birth of any who are minors;

CRITICALCivil cases

Applies to

Continuation order

If continuation is authorized, the order must state the specified period, the personal representative’s particular powers, and the form and frequency of accounting.

(c) Order. If the continuation is authorized, the order shall state:

CRITICALCivil cases

Applies to

Proposed order to appoint counsel

Petitioner’s counsel must submit a proposed order appointing counsel for the AIP to the court’s divisional email address for signature.

Counsel for petitioner required to submit proposed order to appoint counsel for AIP. Order to be submitted to courts divisional email address. Division10@circuit7.org for signature.

CRITICALCivil cases

Applies to

Oath

An administrator ad litem or guardian ad litem must file an oath to discharge all duties faithfully and is qualified to act upon filing.

The administrator ad litem or guardian ad litem shall file an oath to discharge all duties faithfully and upon the filing shall be qualified to act.

CRITICALCivil cases

Applies to

Initial guardianship report

The initial guardianship report must consist only of the verified inventory.

(1) The initial guardianship report shall consist only of the verified inventory.

CRITICALCivil cases

Applies to

Inventory

The inventory must notify beneficiaries of their subdivision (e) rights, detail estate property and its estimated date-of-death fair market value, and list and designate apparent protected homestead property.

The inventory must contain notice of the beneficiaries’ rights under subdivision (e), list the estate with reasonable detail, and include for each listed item (excluding real property appearing to be protected homestead property) its estimated fair market value at the date of the decedent’s death. Real property appearing to be protected homestead property must be listed and so designated.

CRITICALCivil cases

Applies to

Proposed order

The email submitting a proposed order must be in Word Format, attach the order, state whether opposing counsel reviewed it and agrees with its content, and include the case number and hearing date in the subject line.

The email to the Court in "Word Format" (at csutton@circuit7.org) with the attached proposed order must indicate whether the proposed order had been shown to opposing counsel for review and whether opposing counsel agrees to its content. The subject line must include the case number and date of hearing.

CRITICALCivil cases

Applies to

Petition for administration

For a testate estate, the petition must include a statement about the original will or an authenticated copy, but the text provided ends before the requirement is complete.

(j) in a testate estate, a statement that the original of the decedent’s last will is in the possession of the court or accompanies the petition, or that an authenticated copy of a will deposited with or probated in another jurisdiction or that an authenticated copy of

CRITICALCivil cases

Applies to

Petition to relieve personal representative from duty to enforce contribution

A petition seeking relief from the personal representative’s duty to enforce contribution must state its grounds, and notice must be served on interested persons.

A petition to relieve the personal representative from the duty to enforce contribution must state the grounds on which it is based and notice must be served on interested persons.

CRITICALCivil cases

Applies to

Petition for administration

For an intestate estate, the petition must state after reasonable diligence that no unrevoked wills or codicils are known, or explain why any known ones are not being probated.

(h) in an intestate estate, a statement that after the exercise of reasonable diligence the petitioner is unaware of any unrevoked wills or codicils, or if the petitioner is aware of any unrevoked wills or codicils, a statement why the wills or codicils are not being probated;

CRITICALCivil cases

Applies to

Guardian application

The application must identify the names, case numbers, and jurisdictions of all wards for whom the applicant is guardian, or be marked N/A if it is clarified there are no other wards.

Does the application provide the names, case numbers and jurisdiction of all ward’s for which (s)he is guardian? Mark N/A if clarified no other wards.

CRITICALCivil cases

Applies to

Level 2 background screening report or petition to waive

Before appointment, an FDLE Level 2 background screening report or petition to waive must be provided; this item is not required for a corporate guardian.

Level 2 background screening report from FDLE or Petition to Waive? FS 744.3135 (prior to appointment) indicate N/a if corporate guardian.

CRITICALCivil cases

Applies to

Petition to determine incapacity

A petition to determine incapacity must be verified and include the specified petitioner and alleged incapacitated person information, the basis for the belief of incapacity, and known witnesses to the facts.

(a) Contents. The petition to determine incapacity must be verified by the petitioner and must state: (1) the name, age, and present address of the petitioner and the petitioner’s relationship to the alleged incapacitated person; (2) the name, age, county of residence, and present address of the alleged incapacitated person, and specify the primary language spoken by the alleged incapacitated person, if known; (3) that the petitioner believes the alleged incapacitated person to be incapacitated, the facts on which the belief is based, and the names and addresses of all persons known to the petitioner who have knowledge of the facts through personal observation;

CRITICALCivil cases

Applies to

Accounting

The accounting form includes a personal representative’s declaration under penalties of perjury that the accounting is accurate and complete.

Under penalties of perjury, the undersigned personal representative(s) declare(s) that I (we) have read and examined this accounting and that the facts and figures set forth in the Summary and the attached Schedules are true, to the best of my (our) knowledge and belief, and that it is a complete report of all cash and property transactions and of all receipts and disbursements by me (us) as personal representative(s) of the estate of February 27, 2025 Florida Probate Rules 137 ===== PAGE 138 ===== deceased, from , through

CRITICALCivil cases

Applies to

Objection

An objection must be in writing and identify each challenged item and the grounds for the objection with particularity.

(b) Contents. Any objection shall be in writing and shall state with particularity each item to which the objection is directed and the grounds on which the objection is based.

CRITICALCivil cases

Applies to

Magistrate report

A magistrate must file a report only when a hearing under subdivision (d) is held or the court specifically directs the magistrate to file one.

The magistrate shall be required to file a report only if a hearing is held pursuant to subdivision (d) of this rule or if specifically directed to do so by the court.

CRITICAL

Applies to

Petition for appointment of guardian

The petition must be a verified statement.

Is the petition a verified statement?

CRITICALCivil cases

Applies to

Curatorship filings

Before letters of curatorship issue, the curator must file a designation of resident agent and acceptance, and an oath.

Before letters of curatorship are issued, the curator shall file a designation of resident agent and acceptance, and an oath, as is required for personal representatives under these rules.

CRITICALCivil cases

Applies to

Affidavit

The affidavit must be signed and verified by the surviving spouse, if any, and the heirs at law, except an heir receiving a full intestate share need not join.

The affidavit must be signed and verified by the surviving spouse, if any, and any heirs at law, except that joinder in the affidavit is not required of an heir at law who will receive a full intestate share under the proposed distribution of the personal property.

CRITICAL

Applies to

Proposed guardian information

The proposed guardian's relationship and previous association with the minor must be provided.

Provide the relationship & previous association to minor?

CRITICALCivil cases

Applies to

Petition for order authorizing search

The petition must describe the safe deposit box leased by the decedent and name any known co-lessee.

(3) A description of the safe deposit box leased by the decedent and, if known, the name of any co-lessee;

CRITICALCivil cases

Applies to

Suggestion of restoration

A restoration suggestion may be filed by any interested person and must include the specified statements, evidentiary support, and known attorney contact information.

A suggestion of restoration of rights of a person with a developmental disability may be executed by any interested person, including the person with a developmental disability. The suggestion must contain: February 27, 2025 Florida Probate Rules 299 ===== PAGE 300 ===== (1) a statement that the person with a developmental disability is capable of exercising some or all of the rights that were granted to the guardian advocate; (2) if other assistance, including supported decisionmaking agreements, is an alternative to the continued appointment of a guardian advocate; (3) evidentiary support for the filing as provided by law; and (4) the name and address of the attorney representing the person with a developmental disability, if any, known to the petitioner.

CRITICALCivil cases

Applies to

Magistrate report

A magistrate’s report must describe the matters considered and state the magistrate’s conclusions and recommendations, without reciting specified material used before the magistrate.

(e) Magistrate’s Report. The magistrate’s report shall contain a description of the matters considered and the magistrate’s conclusions and any recommendations. No part of any statement of facts, account, charge, deposition, examination, or answer used before the magistrate shall be recited.

CRITICALCivil cases

Applies to

Written objection

A written objection must state the basis for challenging admissibility.

The objection must state the basis on which the challenge to admissibility is made.

CRITICALCivil cases

Applies to

Inventory

The personal representative must verify every inventory.

All inventories must be verified by the personal representative.

CRITICALCivil cases

Applies to

Affidavit

The affidavit must state that the decedent died intestate and that, after reasonable diligence, the signer is unaware of any unrevoked will or codicil.

(1) a statement that the decedent died intestate, and that after the exercise of reasonable diligence, the person signing the affidavit is unaware of any unrevoked wills or codicils;

CRITICALCivil cases

Applies to

Pleadings

All pleadings in adversary proceedings, whether initial or subsequent, must contain the adversary case style described in Fla. Prob. R. 5.025(d).

NOW THEREFORE, I, J. DAVID WALSH, Chief Judge of the Seventh Judicial Circuit of Florida, hereby find that pleadings declared to be adversary by Rule 5.025, Florida Probate Rules, that do not contain the adversary case style described in Fla. Prob. R. 5.025(d) are not authorized by law and shall be returned by the clerk of court to the pleader, or the pleader’s attorney, un-filed. This applies to all pleadings in adversary proceedings, whether initial or subsequent.

CRITICALCivil cases

Applies to

Proposed order

A proposed order following an evidentiary hearing must be presented to opposing counsel before submission to the Court.

the proposed order must be presented to opposing counsel prior to submission to the Court.

CRITICALCivil cases

Applies to

Supplementary or amended inventory

The personal representative must file and serve a supplementary or amended inventory with the required information for affected items when newly discovered property, an erroneous or misleading value or description, or a newly determined value requires correction.

A supplementary or amended inventory containing the information required by subdivision (a) as to each affected item must be filed and served by the personal representative if: (1) the personal representative learns of property not included in the original inventory; (2) the personal representative learns that the estimated value or description indicated in the original inventory for any item is erroneous or misleading; or (3) the personal representative determines the estimated fair market value of an item whose value was described as unknown in the original inventory.

CRITICALCivil cases

Applies to

Order

An order authorizing a public sale must specify the type of sale notice the personal representative must give.

An order authorizing a public sale shall specify the type of notice of sale to be given by the personal representative.

CRITICALCivil cases

Applies to

Notice of trust

When the estate has no funds to pay claims and there is a trust, a Notice of Trust should be filed.

CLAIMS: When there are no funds in the estate to pay claims and there is a trust, a Notice of Trust should be filed.

CRITICALCivil cases

Applies to

Oath of personal representative

The personal representative’s oath must include the listed qualifications, acknowledgments, undertakings, addresses, notices, and resident-agent designation.

Required Information Regarding Oath of Personal Representative: Rule 5.320 - Effective 1/1/2020 Is qualified to serve within provisions of sections 733.302, 733.303, and 733.304 State that the person has reviewed the statutes and understand the qualification of being the PR State whether the person is 18 years of age or older State whether they have been convicted of a felony State whether the person has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in section F.S. 825.101 State whether the person is mentally and physically able to perform duties State if the person is a resident of Florida and, if not, provide the relationship to the decedent. Will faithfully administer the estate Provide the PR’s place of residence and mailing address (if different) State that they will promptly file and serve notice on all interested persons any time I know that I would not be qualified to serve as PR with the reason and date the event occurred. State that if the PR changes their address, they will serve notice on all interested persons within 20 days Designate a resident agent w/signed acceptance by agent.

CRITICAL

The filing must state the facts showing that the petitioner is entitled to Summary Administration.

Facts that the petitioner is entitled to Summary Administration

CRITICALCivil cases

Applies to

Petition for voluntary guardianship

A petition for voluntary guardianship must be verified by the petitioner and state the required matters.

(a) Petition for Appointment of Guardian. The petition for voluntary guardianship shall be verified by the petitioner and shall state:

CRITICALCivil cases

Applies to

Notice of filing petition to determine incapacity

The notice of filing the petition to determine incapacity must state that a guardian may be appointed if the court finds the alleged incapacitated person incapable of exercising any right listed in the petition.

(C) that if the court determines that the alleged incapacitated person is incapable of exercising any of the rights enumerated in the petition a guardian may be appointed.

CRITICALCivil cases

Applies to

Affidavit

The affidavit must state that no administration of the decedent’s estate is pending in Florida.

(6) a statement that no administration of the decedent’s estate is pending in this state;

CRITICALCivil cases

Applies to

Document

If the guardian is represented by counsel, every document must be signed by at least one attorney of record.

If the guardian is represented by counsel, the attorney must comply with Florida Rule of General Practice and Judicial Administration 2.515 (every document of a party represented by an attorney must be signed by at least 1 attorney of record).

CRITICALCivil cases

Applies to

Petition for guardian ad litem

A petition to appoint a guardian ad litem must state, to the best of the petitioner’s information and belief, the specified identifying, guardianship, natural guardian, and interest information for each affected person.

The petition for appointment of a guardian ad litem shall state to the best of petitioner’s information and belief: (1) the initials and residence address of each minor, person with a developmental disability, or incapacitated person and year of birth of each minor who has an interest in the proceedings; (2) the name and address of any guardian appointed for each minor, person with a developmental disability, or incapacitated person; (3) the name and residence address of any living natural guardians or living natural guardian having legal custody of each minor, person with a developmental disability, or incapacitated person; (4) a description of the interest in the proceedings of each minor, person with a developmental disability, or incapacitated person; and

CRITICALCivil cases

Applies to

Schedule c

Distributed assets should be shown at their inventory or adjusted carrying values.

Assets distributed should be shown at their inventory or adjusted carrying values.

CRITICALCivil cases

Applies to

Petition

The petition form asks for the proposed guardian advocate’s identifying and address information, qualifications, professional-guardian status, and relationships with the respondent’s service providers.

7. The proposed guardian advocate .....(name)....., whose residence address is , and whose post office address is , is over the age of 18 and otherwise qualified under the laws of the State of Florida to act as guardian advocate of the person of respondent. The proposed guardian advocate is not a professional guardian. The relationship of the proposed guardian advocate with the providers of health care services, residential services, or other services to the respondent is (if none, indicate: NONE):

CRITICALCivil cases

Applies to

Petition to extend time

A petition to extend the time must state the estate's status and the reason for the requested extension.

The petition to extend time shall state the status of the estate and the reason for the extension.

CRITICALCivil cases

Applies to

Oath of personal representative

The personal representative’s oath must state the person’s statutory qualifications, review and understanding of the qualification statutes, specified eligibility facts, faithful-administration undertaking, residence and mailing addresses, and designation of a resident agent with signed acceptance.

Required Information Regarding Oath of Personal Representative 5.320 - Effective 1/1/2020 Is qualified to serve within provisions of sections 733.302, 733.303, and 733.304 State that the person has reviewed the statutes and understand the qualification of being the PR State whether the person is 18 years of age or older State whether they have been convicted of a felony State whether the person has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in section F.S. 825.101 State whether the person is mentally and physically able to perform duties State if the person is a resident of Florida and, if not, provide the relationship to the decedent. Will faithfully administer the estate Provide the Personal Representative’s place of residence and mailing address (if different) Designate a resident agent w/signed acceptance by agent.

CRITICALCivil cases

Applies to

Petition

The petition must identify the names and addresses of the people the ward wants to receive notice of the guardianship.

The names and address of person(s) the ward wants to receive notice of this guardianship?

CRITICALCivil cases

Applies to

Summary administration petition

The summary-administration petition must be verified as required by law.

The petition must be verified as required by law

CRITICAL

Applies to

Petition for appointment of guardian

The petition must provide the petitioner's residence and post office address.

Petitioner’s residence and post office address?

CRITICALCivil cases

Applies to

Motion

An application to the court for an order must be made by written motion unless made orally during a hearing or trial.

Any other application to the court for an order shall be by written motion, unless made orally during a hearing or trial.

CRITICALCivil cases

Applies to

Petition

The petition must state whether plenary or limited guardianship is sought.

(6) whether plenary or limited guardianship is sought for the alleged incapacitated person;

CRITICAL

If the estate is indebted, identify each creditor by name and address and state the nature and amount of the debt.

The estate is indebted Name & address of each creditor, nature & amount of debt

CRITICALCivil cases

Applies to

Accounting

An accounting must disclose sufficient information about all significant transactions affecting administration during the accounting period.

(3) The accounting shall contain sufficient information disclosing all significant transactions affecting administration during the accounting period.

CRITICALCivil cases

Applies to

Notice

The notice must state that objections must be written and identify each challenged item and the grounds for the objection with particularity.

A notice shall be served stating: (1) that any objection shall be in writing and shall state with particularity each item to which the objection is directed and the grounds on which the objection is based;

CRITICALCivil cases

Applies to

Testimony

Two disinterested witnesses are required if the petition restates the will’s terms; one is required if a correct copy is provided.

Testimony of two disinterested witness is required when terms of Will are restated in petition. Only one disinterested witness is required when a correct copy of the Will is provided.

CRITICALCivil cases

Applies to

Will

A foreign-language will offered for probate must be accompanied by a true and complete English translation.

A will written in a foreign language being offered for probate shall be accompanied by a true and complete English translation.

CRITICALCivil cases

Applies to

Petition for appointment of standby guardian for minor

A minor’s guardian or the minor’s natural guardians must verify the petition and include the specified venue, address, identity, relationship, appointment-reason, and property information.

The petition shall be verified by the petitioner and shall state: (A) the facts to establish venue; (B) the petitioner’s residence and post office address; (C) the name, age, and residence and post office address of the minor; (D) the names and addresses of the parents of the minor and, if none, the next of kin known to the petitioner; (E) the name and residence and post office address of the proposed standby guardian, and that the proposed standby guardian is qualified to serve; (F) the proposed standby guardian’s relationship to and any previous association with the minor; (G) the reasons why the proposed standby guardian should be appointed; and (H) the nature and value of the property subject to the guardianship.

CRITICALCivil cases

Applies to

Petition

For a testate domiciliary estate, the required authenticated-copy materials are the petition of domiciliary proceeding, the will, the order admitting the will, and the personal representative’s authority.

Testate: Petition of Dom. Proceeding, Will, Order Admitting Will & authority of PR YES NO

CRITICALCivil cases

Applies to

Petition

A petition to determine alternatives to guardianship must state the petitioner’s interest and the facts supporting the requested relief, including why the alternative addresses the ward’s problems and serves the ward’s best interest.

(c) Contents of Petition. The petition to determine alternatives to guardianship shall state: (1) the petitioner’s interest in the proceeding; and (2) the facts constituting the basis for the relief sought and that the proposed alternative to guardianship will sufficiently address the problems of the ward and is in the ward’s best interest.

CRITICALCivil cases

Applies to

Court order

If the court finds no probable cause, it must enter an order finding no probable cause and discharging the monitor.

(1) If the court finds no probable cause, the court shall enter an order finding no probable cause and discharging the monitor.

CRITICALCivil cases

Applies to

Application

If the personal property includes exempt property, all persons entitled to it must sign the application.

If the personal property includes exempt property, the application must be signed by all persons entitled to the exempt property.

CRITICALCivil cases

Applies to

Objection to claim

Must include

certificate of service

An objection must include a certificate of service.

Any objection shall include a certificate of service.

CRITICALCivil cases

Applies to

Personal representative oath

The personal representative’s oath must state the listed qualifications, disclosures, undertakings, addresses, and resident-agent information.

Required Information Regarding Oath of Personal Representative: Rule 5.320 - Effective 1/1/2020 Is qualified to serve within provisions of sections 733.302, 733.303, and 733.304 State that the person has reviewed the statutes and understand the qualification of being the PR State whether they have been convicted of a felony State whether the person is 18 years of age or older State whether the person has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in section F.S. 825.101 State whether the person is mentally and physically able to perform duties State if the person is a resident of Florida and, if not, provide the relationship to the decedent. Will faithfully administer the estate Provide the PR’s place of residence and mailing address (if different) State that they will promptly file and serve notice on all interested persons any time I know that I would not be qualified to serve as PR with the reason and date the event occurred. State that if the PR changes their address, they will serve notice on all interested persons within 20 days Designate a resident agent w/signed acceptance by agent.

CRITICALCivil cases

Applies to

Petition for administration

A petition for administration must state the proposed personal representative’s statutory priority, identify any person with equal or higher preference and whether that person will receive formal notice, and state that the proposed representative is qualified to serve under Florida law.

(e) the priority, under section 733.301, Florida Statutes, of the person whose appointment as the personal representative is sought, whether or not any other person has equal or higher preference, and if so, their name and whether they will be served with formal notice, and a statement that the person is qualified to serve under the laws of Florida;

CRITICALCivil cases

Applies to

Verified petition

If seeking to continue an unincorporated business or venture beyond the period authorized by statute or will, the personal representative must file a verified petition containing the specified information.

If the personal representative determines it to be in the best interest of the estate to continue an unincorporated business or venture beyond the time authorized by statute or will, the personal representative shall file a verified petition which shall include:

CRITICAL

Homestead and exempt assets must be listed separately.

Separately list homestead & exempt assets

CRITICALCivil cases

Applies to

Court monitor appointment order

An order appointing a court monitor must state the monitor’s name, address, and phone number and identify the matters to be investigated.

The order of appointment shall state the name, address, and phone number of the monitor and shall set forth the matters to be investigated.