Third Judicial Circuit of Florida (Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, Taylor Counties) Pre-Motion Conference Requirements

CRITICAL

Motions must be briefed before the hearing according to the due dates in the court's order, which parties must read and follow.

Motions will be briefed prior to the hearing. Judge Blue will enter an Order Setting Hearing And To Submit Memoranda Of Law setting forth dates and times memoranda are due from the parties. Please read, familiarize, and adhere to the order prior to the hearing.

CRITICAL

Before filing a non-dispositive motion, the movant must confer in good faith with the opposing party to try to resolve the issues.

(a) Duty. Before filing a non-dispositive motion, the movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion.

CRITICAL

R. 1.202 – CONFERENCE REQUIREMENT PRIOR TO FILING MOTIONS

R. 1.202 – CONFERENCE REQUIREMENT PRIOR TO FILING MOTIONS

CRITICAL

A conference is required before filing motions.

R. 1.202 - CONFERENCE REQUIREMENT PRIOR TO FILING MOTIONS

CRITICAL

Before filing a non-dispositive motion, the movant must confer in good faith with the opposing party to try to resolve the motion’s issues.

(a) Duty. Before filing a non-dispositive motion, the movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion.

CRITICAL

The parties must meet and confer before filing a motion.

Parties shall meet and confer prior to the filing of motions.

WARNING

Conferral is not required when either side is unrepresented or before filing the motions and actions listed in paragraph (c).

(c) Applicability; Exemptions. The requirements of this rule do not apply when the movant or the nonmovant is unrepresented by counsel (pro se). Conferral is not required prior to filing the following motions: (1) for time to extend service of initial process; (2) for default; (3) for injunctive relief; (4) for judgment on the pleadings; (5) for summary judgment; (6) to dismiss for failure to state a claim on which relief can be granted; (7) to permit maintenance of a class action; (8) to involuntarily dismiss an action; (9) to dismiss for failure to prosecute; (10) for directed verdict and motions filed under rule 1.530; (11) for garnishment, attachment, or other motions for enforcement of a judgment under rule 1.570; (12) for writ of possession under rule 1.580; (13) filed in actions proceeding under section 51.011, Florida Statutes; and (14) that do not require notice to the other party under statute or rule.

WARNING

Noncompliance with the conferral rule or purposeful evasion of communication may result in an appropriate sanction, including denial of a motion without prejudice.

(d) Sanctions. Failure to comply with the requirements of this rule may result in an appropriate sanction, including denial of a motion without prejudice. The purposeful evasion of communication under this rule may result in an appropriate sanction.

WARNING

Noncompliance with the rule, including purposeful evasion of communication, may result in an appropriate sanction, including denial of a motion without prejudice.

(d) Sanctions. Failure to comply with the requirements of this rule may result in an appropriate sanction, including denial of a motion without prejudice. The purposeful evasion of communication under this rule may result in an appropriate sanction.

INFO

Conferral is not required before filing the motions and proceedings listed in paragraph (c).

Conferral is not required prior to filing the following motions: (1) for time to extend service of initial process; (2) for default; (3) for injunctive relief; (4) for judgment on the pleadings; (5) for summary judgment; (6) to dismiss for failure to state a claim on which relief can be granted; (7) to permit maintenance of a class action; (8) to involuntarily dismiss an action; (9) to dismiss for failure to prosecute; (10) for directed verdict and motions filed under rule 1.530; (11) for garnishment, attachment, or other motions for enforcement of a judgment under rule 1.570; (12) for writ of possession under rule 1.580; (13) filed in actions proceeding under section 51.011, Florida Statutes; and (14) that do not require notice to the other party under statute or rule.

INFO

The rule’s requirements do not apply when either the movant or the nonmovant is unrepresented by counsel.

(c) Applicability; Exemptions. The requirements of this rule do not apply when the movant or the nonmovant is unrepresented by counsel (pro se).