Third Judicial Circuit of Florida (Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, Taylor Counties) Document Filing Requirements

CRITICAL

Applies to

Infraction hearing request

An infraction hearing request must be accompanied by a lifetime driver history.

Requests for infractions hearings are made through the Clerk of Court’s Office and must be accompanied by a lifetime driver history.

CRITICAL

Applies to

Motion

Counsel seeking a Zoom hearing because of an unforeseen circumstance must file a written motion detailing good cause at least seven days before the hearing.

If an unforeseen circumstance necessitates a hearing via Zoom, it will not be a blended hearing. If the defendant is capable of being physically present, defendant’s counsel will be physically present. Counsel must file a written motion detailing the good cause necessitating an appearance via Zoom at least seven (7) days before the date of the hearing.

CRITICAL

Applies to

Proposed order

Must include

certificate of service

Every proposed order must contain a Certificate of Service substantially conforming to the court's provided form.

All proposed orders shall contain a Certificate of Service in substantial conformity with the following:

CRITICAL

Applies to

Proposed order

Proposed orders on motions to continue should include the defendant’s next pretrial and trial dates.

All proposed orders on Motions to Continue should include the defendant’s next pretrial and trial dates.

CRITICAL

Applies to

Motion for continuance

A final hearing continuance request must be made by written motion.

Continuances of final hearings will be rare and granted only for good cause and only upon a written motion.

CRITICAL

Applies to

First preliminary hearing waiver

Counsel may waive their clients’ appearance for the first preliminary hearing by: (1) Entering an appearance and filing a denial on behalf of his or her client;

Counsel may waive their clients’ appearance for the first preliminary hearing by: (1) Entering an appearance and filing a denial on behalf of his or her client;

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

Counsel may waive their clients’ appearance for the first preliminary hearing by: (2) Filing a motion for continuance and submitting a proposed order to the Court in Word format containing the dates for the next preliminary hearing and the final evidentiary hearing;

Counsel may waive their clients’ appearance for the first preliminary hearing by: (2) Filing a motion for continuance and submitting a proposed order to the Court in Word format containing the dates for the next preliminary hearing and the final evidentiary hearing;

CRITICAL

Applies to

Proposed order

Proposed orders should use the specified signature block and wording.

The signature block should be as follows: DONE AND ORDERED on the ____ day of ________, 20___, or the date set forth in the electronic signature block. ___________________________ Fred Koberlein, Jr., Circuit Judge

CRITICAL

Applies to

Notice for trial

To set a case for trial, file a notice for trial and email a courtesy copy to the court.

File a notice for trial to set the case for trial and e-mail a courtesy copy of the filed notice for trial to the court at: gutshall.tilena@jud3.flcourts.org.

CRITICAL

Applies to

Notice of hearing

Every notice of hearing must list the title and Clerk-assigned document sequence number of each motion set for hearing.

All notices of hearing must contain: (i) the title of each motion set for a hearing, and (ii) the corresponding document sequence number (Doc. #) of the motion of filing as assigned by the Clerk of Court.

CRITICAL

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.

CRITICAL

Applies to

Exhibits

Attorneys and self-represented litigants must bring enough copies of each exhibit for the clerk, the court, and each party to review during the proceeding.

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 proceeding.

CRITICAL

Applies to

Notice of hearing

If a hearing date and time is selected unilaterally after the initial offer, the notice of hearing must indicate that it was selected unilaterally.

If the hearing date and time is selected unilaterally, the notice of hearing must indicate such.

CRITICAL

Applies to

Motion for continuance

Unless good cause is shown, a motion for continuance 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

Form 2.603

Attorneys and self-represented litigants must update their contact information using Form 2.603 whenever their email account registered for electronic service changes.

It is the responsibility of attorneys and self-represented litigants to update their contact information using Form 2.603 any time there is a change in the e-mail account registered for electronic service.

CRITICAL

Applies to

Notice of hearing

A notice of hearing involving a remote appearance must include the Zoom Workplace meeting ID and dial-in telephone number.

A notice of hearing involving any remote appearance must list the meeting identification number (ID) for the Zoom Workplace platform. To minimize technical issues, the notice of hearing must include the dial-in telephone number for the Zoom Workplace platform so that a party may call into the proceeding should they experience video-oriented technical difficulties.

CRITICAL

Applies to

Proposed order

Each proposed order must state either that all parties agree or identify any disagreement about the proposed order.

All proposed orders must be submitted by e-mail and include a statement of 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

Notice of hearing

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

All notices of hearing must contain the Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.

CRITICAL

Applies to

Hearing request

For a hearing request on a motion not exempted by paragraph (c), the attorney or assistant must verify that the motion includes a compliant Certificate of Conferral or that the other side is unrepresented; otherwise, the motion will not be set for a hearing.

When requesting a hearing on a motion that is not included in paragraph (c) below, the attorney or attorney’s assistant shall verify in the hearing request that the motion contains a Certificate of Conferral in conformity with paragraph (b) below or that the other side is unrepresented by counsel. Failure to follow this procedure will result in your motion not being set for a hearing.

CRITICAL

Applies to

Notice of cancellation

A notice of cancellation must be filed immediately.

Additionally, a notice of cancellation must be immediately filed and served on opposing counsel and any self-represented litigant.

CRITICAL

Applies to

Motion

Must include

certificate of conference

The movant must include a Certificate of Conferral at the end of the motion, above the signature block, using substantially one of the specified forms.

(b) Certificate of Conferral. At the end of the motion and above the signature block, the movant must include a certificate of conferral in substantially the following form: “I certify that prior to filing this motion, I discussed the relief requested in this motion by [method of communication and date] with the opposing party and [the opposing party (agrees or disagrees) on the resolution of all or part of the motion] OR [the opposing party did not respond (describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion)].” OR “I certify that conferral prior to filing is not required under rule 1.202.”

CRITICAL

Applies to

Proposed order

Each proposed order must be accompanied by a copy of the related motion or petition.

All proposed orders must be accompanied by a copy of the related motion/petition.

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

Email

Emails to the judicial office must identify the case number, case name, and relevant matter in the subject line.

The subject line of any e-mail to the judicial office must contain the case number, case name, and relevant matter (e.g., 2024 DR 001234 SC – Doe v. Doe – 2- Hour Hearing Requested).

CRITICAL

Applies to

Notice of hearing

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

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

CRITICAL

Applies to

Proposed order

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

All proposed orders must be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying any disagreement of the parties as to the proposed order.

CRITICALCriminal cases

Applies to

Proposed order

Proposed orders must be submitted to the judicial assistant by email in Word format.

All proposed orders shall be submitted to ginn.connor@jud3.flcourts.org in Word format.

CRITICALCriminal cases

Applies to

Interpreter request

An interpreter request must include the defendant’s name, case number, proceeding date and time, and the defendant’s language.

Please include the defendant’s name, case number, date and time of the proceeding, and the language of the defendant.

CRITICAL

Applies to

Proposed order

If signed orders will be distributed by U.S. mail, mail the proposed order and stamped envelopes to PO Box 1995, Cross City, FL 32628.

IF DISTRIBUTION OF SIGNED ORDER(S) WILL BE VIA U.S. MAIL: Mail proposed orders and stamped envelopes to PO Box 1995, Cross City, FL 32628.

CRITICAL

Applies to

Emergency motion

A party seeking an emergency hearing based on a factual basis must file a detailed motion identifying 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

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

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

CRITICAL

Applies to

Notice of cancellation

A notice of cancellation must be filed and served immediately on opposing counsel and any self-represented litigant.

You must also immediately file and serve a notice of cancellation on opposing counsel and any self- represented litigant.

CRITICAL

Applies to

Proposed order

Must include

certificate of service

An emailed proposed order must include a Certificate of Service substantially conforming to the specified template.

If the proposed order is submitted by email, the Certificate of Service shall be in substantial conformity with the below, as identified in red: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished using the Florida Court’s E-Filing E-Portal, via U.S. Mail, and/or Electronic Mail in accordance with the corresponding addresses listed therein on this _________ day of _____________, 20__ to the following: _____________________ Judicial Assistant

CRITICAL

Applies to

Certificate of service

The defendant must be included on the Certificate of Service for a motion to withdraw.

The defendant shall be included on the Certificate of Service.

CRITICAL

Applies to

Proposed order

Each proposed order must include a cover letter certifying agreement by all parties or identifying their specific disagreements.

All proposed orders must be accompanied by a cover letter either (1) certifying that all parties agree to the order or (2) containing a statement identifying the specific disagreement(s) of the parties as to the proposed order.

CRITICAL

Applies to

Motion

Must include

certificate of conference

The movant must place a certificate of conferral at the end of the motion, above the signature block, using substantially one of the stated forms.

(b) Certificate of Conferral. At the end of the motion and above the signature block, the movant must include a certificate of conferral in substantially the following form: “I certify that prior to filing this motion, I discussed the relief requested in this motion by [method of communication and date] with the opposing party and [the opposing party (agrees or disagrees) on the resolution of all or part of the motion] OR [the opposing party did not respond (describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion)].” OR “I certify that conferral prior to filing is not required under rule 1.202.”

CRITICAL

Applies to

Notice for trial

A notice for trial must be filed to set the case for trial.

Procedure: File a notice for trial to set the case for trial.

CRITICAL

Applies to

Proposed order

A proposed order on a motion to withdraw must direct future filings and pleadings to the defendant and include the defendant’s contact information in the body.

The proposed order shall contain language that directs all future filings and pleadings to the defendant, and include all contact information for the defendant within the body of the order.

CRITICAL

Applies to

Proposed order

Must include

certificate of service

A proposed order submitted in paper form must include a Certificate of Service substantially conforming to the specified template.

If the order is submitted in paper form, the Certificate of Service shall be in substantial conformity with the below, as identified in blue. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished using the Florida Court’s E-Filing E-Portal, via U.S. Mail, and/or Electronic Mail in accordance with the corresponding addresses listed therein on this _________ day of _____________, 20__ to the following: _____________________ Judicial Assistant

CRITICAL

Applies to

Notice of filing

Pursuant to the standing order of this Court, counsel for the Plaintiff shall distribute a copy of the foregoing to all parties not utilizing an electronic mail address and file a “Notice of Filing” for the Certificate of Service.

Pursuant to the standing order of this Court, counsel for the Plaintiff shall distribute a copy of the foregoing to all parties not utilizing an electronic mail address and file a “Notice of Filing” for the Certificate of Service.

CRITICAL

Applies to

Hearing request

For a hearing request on a motion not exempt under paragraph (c), the attorney or assistant must verify that the motion contains a Certificate of Conferral or that the other side is unrepresented; otherwise, the motion will not be set for hearing.

When requesting a hearing on a motion that is not included in paragraph (c) below, the attorney or attorney’s assistant shall verify in the hearing request that the motion contains a Certificate of Conferral in conformity with paragraph (b) below or that the other side is unrepresented by counsel. Failure to follow this procedure will result in your motion not being set for a hearing.

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

Mandatory disclosure

The exchange of mandatory disclosure must be accompanied by the filing of a certificate of compliance.

Pursuant to Florida Family Law Rule 12.285(b)(2), mandatory disclosure must be exchanged within 45 days of serving the initial pleading, accompanied by the filing of a certificate of compliance as required by Rule 12.285(j).

CRITICAL

Applies to

Motion

A motion must state that the parties met and conferred without resolution, or that the other party could not be contacted after due diligence.

In the event that a motion is required, the party filing the motions shall indicate that the parties met and conferred, and no resolution was reached or that the other party was unable to be contacted after due diligence.

CRITICALCriminal cases

Applies to

Motion to suppress motion in limine motion to exclude evidence

Motions to suppress, motions in limine, and motions to exclude evidence must identify the evidence at issue, the specific reasons, and supporting facts.

Motion to suppress, motions in limine, and motions to exclude evidence shall clearly set forth the evidence sought to be suppressed or excluded, the specific reasons for the suppression, and a general statement of facts in the supporting allegations.

CRITICAL

Applies to

Notice of cancellation

The moving party must file a notice of cancellation in the court file.

It is the responsibility of the moving party to contact the judge's assistant to advise of the cancellation AND file a notice of cancellation in the court file.

CRITICALCriminal cases

Applies to

Motion

Boilerplate motions or motions without specific supporting allegations will be stricken as legally insufficient.

Boiler-plate motions or motions devoid of specific supporting allegations will be stricken as legally insufficient.

CRITICAL

Applies to

Mandatory disclosure

Mandatory disclosure must include a financial affidavit.

This includes a financial affidavit.

CRITICAL

Applies to

Notice of cancellation

A cancellation notice will be accepted only if the pending pleading is withdrawn or rescheduled.

No notice of cancellation will be accepted by this office unless 1) the pending pleading is withdrawn; or 2) the pending pleading is rescheduled.

WARNING

Applies to

Hearing request

The request should include (1) a copy of the motion, (2) case number, (3) style of case, (4) type of motion to be heard, and (5) how much time is requested. Please indicate whether the date/time is being coordinated with the opposing party.

The request should include (1) a copy of the motion, (2) case number, (3) style of case, (4) type of motion to be heard, and (5) how much time is requested. Please indicate whether the date/time is being coordinated with the opposing party.