Tenth Judicial Circuit of Florida, Hardee, Highlands and Polk Counties Pre-Motion Conference Requirements

CRITICALCriminal cases

A motion in limine may not be heard during trial without the judge’s advance authorization.

No Motion in Limine will be heard during trial unless the judge authorizes it in advance.

CRITICALCriminal cases

Before scheduling a hearing on a motion in limine, counsel must confer substantively, in person or virtually and in good faith, to try to resolve some or all of it; exchanging ultimatums by fax, email, or letter does not qualify.

Motions in Limine may not be scheduled for a hearing unless and until counsel have conferred in an effort to resolve all or a portion of the Motion. The term “confer” requires a substantive conversation in person or virtually in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail or letter.

CRITICAL

All motions, including motions in limine, must be heard before the PreTrial Conference.

All Motions including Motions in Limine must be hearing prior to PreTrial Conference.

CRITICALCivil cases

Before scheduling a Motion in Limine for hearing, counsel must confer through a substantive, good-faith in-person or virtual conversation to try to resolve the motion; exchanges of ultimatums by fax, email, or letter do not qualify.

A. Motions in Limine may not be scheduled for a hearing unless and until counsel have conferred in an effort to resolve all or a portion of the Motion. The term “confer” requires a substantive conversation in person or virtually in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail or letter.

CRITICAL

Motions must be heard by the Pretrial Conference or they will be deemed abandoned or waived unless good cause is shown.

All motions not heard by the Pretrial Conference will be deemed abandoned or waived, absent good cause shown.

CRITICALCivil cases

The parties must attempt to complete mediation before requesting a hearing on a disputed issue.

The parties shall attempt to complete mediation prior to requesting a hearing on any disputed issue.

CRITICALCivil cases

Mediation is mandatory in contested dissolution disputes unless waived by the Court or the Court finds significant domestic violence would compromise mediation.

Unless waived by the Court, mediation is mandatory in contested dissolution of marriage disputes. Mediation will not be mandatory if the Court finds that there has been a significant history of domestic violence between the parties that would compromise the mediation process.

CRITICAL

Motions and objections will not be heard after the pretrial conference.

No motions/objections will be heard after pretrial conference.

CRITICALCivil cases

Before seeking an order to compel discovery without a hearing, the moving party must attempt to confer with the opposing party and certify that attempt in the motion.

the moving party certify in the motion that the moving party has attempted to confer with the opposing party in an effort to obtain the discovery, to no avail;

CRITICAL

All tracks: Hearings on motions/objection are to be scheduled within 45 days of the date the objection or pretrial motion was filed but may take place after 45 days of the date the objection or pretrial motion was filed.

All tracks: Hearings on motions/objection are to be scheduled within 45 days of the date the objection or pretrial motion was filed but may take place after 45 days of the date the objection or pretrial motion was filed.

CRITICALCivil cases

When a party completely fails to respond to a discovery demand, the requesting party may seek an ex parte order without a hearing requiring compliance within ten days of execution.

Where a party in a civil case has completely failed to respond to a discovery demand, the party requesting discovery may move for an ex parte order, without a hearing, requiring compliance with the original discovery demand within ten (10) days of the execution of the order.

CRITICAL

A properly noticed hearing is required before a Default Final Judgment motion may be granted in a residential or commercial foreclosure case, unless the judgment is stipulated to by counsel or the parties.

H. The Judge will not grant any Motions for Default Final Judgement on residential or commercial foreclosure cases without a properly noticed hearing. The only exception to this would be if the Default Final Judgement was stipulated to by counsel/parties.

CRITICAL

Before scheduling a hearing on a Motion in Limine, counsel must confer in good faith through a substantive in-person or virtual conversation to try to resolve some or all of the motion; exchanges of ultimatums by fax, email, or letter do not qualify.

A. Motions in Limine may not be scheduled for a hearing unless and until counsel have conferred in an effort to resolve all or a portion of the Motion. The term “confer” requires a substantive conversation in person or virtually in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail or letter.

CRITICAL

Before scheduling a Motion in Limine hearing, counsel must confer in person or virtually in a substantive, good-faith effort to resolve the motion; exchanging ultimatums by fax, email, or letter does not qualify.

Motions in Limine may not be scheduled for a hearing unless and until counsel have conferred in an effort to resolve all or a portion of the Motion. The term “confer” requires a substantive conversation in person or virtually in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail or letter.

CRITICAL

An emergency or expedited hearing is set only after the Judge receives and considers an Emergency Motion and directs a hearing; if emergency treatment is denied, the movant may schedule it through the regular process.

Emergency or expedited hearings are only set by the Judge once he has received an Emergency Motion for consideration and directs that an emergency hearing be set on the matter. If the Emergency Motion is denied as an emergency, the attorney/movant may set it during the regular course of business per the Civil Rules of Procedure.

CRITICAL

Do not include motions considered for potential cross-notices in the scheduling procedure without prior Court approval.

Cross-Notice: Be sure that any additional motions that have been considered for potential cross notices are not included in the above scheduling procedure without prior approval of the Court.

CRITICAL

Clear hearing dates with opposing counsel before filing notices; if a good-faith attempt fails, use the specified explanation.

All hearing date/time slots shall be cleared with opposing counsel prior to notices being filed. In the alternative, if counsel’s good faith attempt to clear a hearing has been unsuccessful, the following language shall be used: “The above hearing date has not been cleared with opposing counsel’s calendar because (factual statement).”

CRITICAL

Before scheduling a motion in limine hearing, counsel must confer in person or virtually in a substantive, good-faith effort to resolve the motion; exchanging ultimatums by fax, email, or letter is not a conference.

Motions in Limine may not be scheduled for a hearing unless and until counsel have conferred in an effort to resolve all or a portion of the Motion. The term “confer” requires a substantive conversation in person or virtually in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail or letter.

INFOCivil cases

The Court encourages parties to mediate early and before noticing the case for trial.

The Court encourages parties to mediate early in the proceedings and prior to noticing the case for trial.

INFO

If a party determines the case is ready before the projected trial date, it may file a motion for trial, and the Court may set an earlier trial period on motion or on its own initiative.

If either party determines that the case is ready to be tried before the projected trial date, a motion for trial may be filed and the Court may enter an order setting an earlier trial period. The Court may also set an earlier trial period on its own initiative.