Twentieth Judicial Circuit of Florida, Charlotte, Collier, Glades, Hendry and Lee Counties Document Filing Requirements

Applies to

Motion

Must include

certificate of conference

All motions must comply with the applicable rules and include a Certificate of Conferral; noncompliant motions may not be heard.

Local Rules and Standards of Professionalism regarding motions are strictly enforced. All motions shall comply with Fla. R. Civ. P. 1.202 and must include a Certificate of Conferral. Any motions not in full compliance with these rules may not be heard.

Applies to

Motion for rehearing or new trial

Motions for rehearing or a new trial must be submitted in writing.

Motions for Rehearing and/or Motion for New Trial MUST be submitted in writing.

Applies to

Notice of telephonic appearance

A party appearing by telephone must file a Notice of Telephonic Appearance stating the hearing’s date and time.

If you are attending a hearing telephonically, the party appearing shall file a Notice of Telephonic Appearance with the date and time of the hearing and shall serve a copy on all parties entitled to notice of the proceeding.

Applies to

Zoom hearing stipulation and order

A Zoom video appearance requires a timely stipulation and order signed by all parties, filed with and approved by the court.

In order to appear via ZOOM VIDEO, a Stipulation and order (https://www.ca.cjis20.org/pdf/judge/OrderDirectingZoomHearin g.docx) must be filed with and approved by the Court in sufficient time for the approved order to be returned to the requesting party.

Applies to

Proposed order

A cover letter for a proposed order or similar document must state that all counsel reviewed the submission and identify whether they object.

If submitting a proposed Order or other such document, the cover letter must indicate that all counsel have reviewed the proposed submission and indicate whether or not they have an objection to the same.

Applies to

Proposed order

If a party objects to a proposed submission, both parties must submit their proposed orders or documents, outline the objections, and copy all parties with enclosures.

If there is an objection both parties must submit their proposed Orders or documents to the Court, outlining the objections and copying all parties with enclosures.

Applies to

Emergency motion

A request for an emergency hearing must be made by a detailed motion identifying the issues, the reasons for urgency, 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) reasons why an emergency hearing is necessary, and (3) the amount of time needed for each party’s presentation.

Applies to

Discovery motion

Must include

local rule certificate

Counsel must provide a certificate of good faith with every discovery motion in civil actions before the Lee County Circuit Court.

the Court will require counsel, in all civil actions in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, to provide a certificate of good faith with all discovery motions.

Applies to

Discovery motion

Must include

local rule certificate

Before hearings on discovery motions are scheduled, the moving party must confer with opposing counsel and contemporaneously file a statement certifying a good-faith conference and that the issues remain unresolved.

prior to scheduling any hearings on discovery motions, including, but not limited to, motions to compel, motions for protective orders, motions for sanctions, motions for extensions of time, etc., counsel for the moving party shall confer with counsel for the opposing party and thereafter file with the Clerk of the Court contemporaneously with the discovery motion, a statement certifying that counsel has personally conferred with opposing counsel in a good faith effort to resolve by agreement ===== PAGE 2 ===== the issues raised and that counsel have been unable to do so.

Applies to

Certificate

Must include

local rule certificate

The certificate must describe counsel's conferral efforts and conference details, and identify resolved and unresolved issues.

The certificate of good faith shall specify the details of counsel's efforts to confer with opposing counsel and the details of that conference. If certain of the issues have been resolved by agreement, the certificate shall specify the issues so resolved and the issues that remain unresolved.

Applies to

Cover letter

A cover letter must accompany proposed orders and identify counsel’s review and any objection to the order’s form.

When submitting proposed orders for the Court’s consideration, a cover letter must be submitted. THE COVER LETTER MUST INDICATE THAT ALL COUNSEL HAVE REVIEWED THE PROPOSED SUBMISSION AND WHETHER OR NOT THEY HAVE AN OBJECTION TO THE FORM OF THE ORDER.

Applies to

Jury instructions

Jury instructions and verdict forms must be submitted at the beginning of trial unless the court directs an earlier filing date.

Unless specifically directed by the Court to be filed at an earlier date, jury instructions and verdict forms shall be submitted at the beginning of the trial.

Applies to

Pretrial order

The pretrial order must include a list of all photographs, documents, and exhibits.

Attached is a list of all photographs, documents and exhibits.

Applies to

Notice of hearing

The Notice of Hearing must state whether the hearing is evidentiary.

If the hearing is to be evidentiary, this MUST be reflected in the Notice of Hearing.

Applies to

Notice of hearing

The Notice of Hearing must identify each motion’s title, docket line number, and filing date.

The title of the motion or motions to be addressed at the hearing along with their docket line number AND the date that they were filed.

Applies to

Notice of hearing

The Notice of Hearing must state the amount of time reserved for the hearing.

The amount of time reserved for the hearing.

Applies to

Notice of hearing

The Notice of Hearing must reflect that the moving party made a good-faith conference with the opposing party to resolve the motion’s issues.

The moving party must confer with the opposing party in a good faith effort to resolve the issues raised in the motion. Such conferral must be between the attorneys in- person, by phone or by video-conference.

Applies to

Notice of hearing

Must include

certificate of conference

The Notice of Hearing must reflect compliance with the stated conferral and certification requirements.

Parties must comply with the conferral and certification requirements in Fla.R.Civ.P. 1.202 and 1.460(d).

Applies to

Motion

The motion must state the nature of the discovery and the dates on which it was propounded and due.

The nature of the discovery and the date upon which the discovery was propounded and due;

Applies to

Motion

The motion must state that the nonmoving party completely failed to respond or object to discovery and failed to request an extension.

That there has been a complete failure to respond or object to discovery, and the non-moving party has failed to request an extension of time to respond to discovery; and

Applies to

Motion

Must include

certificate of conference

The motion must certify compliance with the discovery-conferral rule and state that the moving party conferred or attempted to confer.

That the moving party has otherwise complied with Fla.R.Civ.P.1.380(a)(2), certifying that he/she has conferred, or attempted to confer, with the person or party failing to make the discovery in an effort to secure the information or material without court action.

Applies to

Motion

An unstipulated motion to cancel a foreclosure sale must be filed using Form 1.996(b) and served on all parties.

If the Motion is not stipulated, a party seeking to cancel a foreclosure sale shall file and serve on all parties a Motion as contained in Form 1.996(b) of the Florida Rules of Civil Procedure.

Applies to

Notice of cancellation

A Notice of Cancellation is required whenever a hearing is canceled.

If you cancel a hearing, you are required to file a Notice of Cancellation.

Applies to

Notice of cancellation of cross notice of hearing

Cross-noticed hearings may be canceled only with agreement from the self-represented parties or counsel, who must file a Notice of Cancellation of Cross-Notice of Hearing.

If a hearing has been cross-noticed by self- represented parties or counsel, then they must agree to the cancellation of the subject hearing and file a Notice of Cancellation of Cross-Notice of Hearing.

Applies to

Notice of cancellation of cross notice of hearing

A cross-noticed motion hearing may not be canceled without the written consent of the parties or counsel.

You may not cancel a cross-noticed motion hearing without written consent of the parties/counsel.

Applies to

Exhibits

Exhibits used in Zoom hearings must be marked with an exhibit number or letter and accompanied by an index.

All exhibits must be marked with an exhibit number or letter and you must provide an index.

Applies to

Pretrial order

A Pre-Trial Conference Order must be submitted to the Court before the scheduled Pre-Trial Conference date.

A Pre-Trial Conference Order must be submitted to the Court prior to the Pre-Trial Conference Date.

Applies to

Final disposition report

A case will not be removed from the trial docket until the Judge’s office receives the dismissal document and a Rule 1.998 Final Disposition Report.

The Judge will not take you off the trial docket until his office has received copies of the Notice or Stipulation of Dismissal and a Final Disposition Report in conformance with Rule 1.998 of the Rules of Civil Procedure.

Applies to

Standing order

Must include

certificate of service

The plaintiff must file one copy of the standing order with the court clerk together with proof of service.

One copy of this Order is to be filed with the Clerk of Court with proof of service.

Applies to

E portal submission

Must include

certificate of service

Each E-portal submission must include a complete Certificate of Service and all parties with their email addresses in the e-portal list.

To ensure a quick response to your proposed Orders/Judgments in the E-Portal, make sure that each case has a complete Certificate of Service and that you have included all parties with their email addresses in the e-portal list.

Applies to

Filing

The signer of any filing must represent that all identified legal authorities exist and are accurately cited.

We amend rule 2.515(d)(2) to require the signer of a filing to represent that the legal authorities identified in that filing “exist and are accurately cited.” This requirement applies both to filings prepared by attorneys and to filings prepared by unrepresented parties.

Applies to

Agreed court ordered case management plan

An Agreed Court Ordered Case Management Plan must include a cover letter addressed to Civil Case Management.

The ACMP are to be submitted through the E-Filing Portal at https://www.myflcourtaccess.com/default.aspx and must include a cover letter to Civil Case Management.

Applies to

Recommended order

Must include

proposed order

When required by the General Magistrate, attorneys must prepare and timely submit a Recommended Order of General Magistrate to avoid possible sanctions.

If required by the General Magistrate, the attorneys shall prepare a Recommended Order of General Magistrate. Failure to submit said Recommended Order of General Magistrate in a timely manner may result in sanctions being imposed by the presiding Circuit Court Judge.

Applies to

Document

On filing, each signer must represent that the signer read the document, believes there are good grounds to support it, is not filing it for delay, and has verified that cited legal authorities exist and are accurately cited.

(2) Representation by Signer. On filing, each signer represents that: (A) the signer has read the document; (B) to the best of the signer’s knowledge, information, and belief, there are good grounds to support the document; and (C) the document is not interposed for delay; and (D) the legal authorities identified exist and are accurately cited.

Applies to

Contact information form

Attorneys and self-represented litigants must provide or update their contact information using Form 2.603.

It is the responsibility of attorneys and self-represented litigants to provide and/or update their contact information using Form 2.603, Designation of Current Mailing and E-Mail Address form.

Applies to

Notice of hearing

A Notice of Hearing must comply with Administrative Order 2.35 and identify the motion to be heard and the motion's filing date.

A Notice of Hearing must comply with Administrative Order 2.35, which must include the name of the motion to be heard and the date the motion was filed.

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.

Applies to

Proposed order

A proposed-order submission must state in the cover letter or email body that counsel reviewed it and whether it is agreed to or objected to.

When submitting a proposed order, a cover letter or the body of the e-mail must indicate that all counsel have reviewed the proposed order and indicate whether or not the proposed order is agreed to or if there is an objection.

Applies to

Proposed order

When an order is objected to, both parties must submit their proposed orders in one email with the objections stated in the cover letter or email body.

If there is an objection, both parties must submit their proposed order(s) in one e-mail. The cover letter or the body of the e-mail must contain a statement outlining the objections.

Applies to

Proposed order

An agreed-order submission must include a cover letter confirming that all counsel reviewed and agreed to the proposed order.

When submitting an Agreed Order, a cover letter must be included indicate that all counsel have reviewed the proposed order and is agreed to by all parties.

Applies to

Emergency hearing motion

A detailed motion requesting an emergency hearing must identify the issues, explain the need for emergency relief, and state each party’s required presentation time.

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

Applies to

Jury instructions

The parties must file one joint set of agreed jury instructions, with unagreed changes or additions shown as redlines.

The parties shall file one joint set of Agreed Jury Instructions (100-800) with any requested changes/additions not agreed to by all parties “redlined”.

Applies to

Verdict form

If the parties cannot agree on a verdict form, each party must file its own requested form.

If not agreed, each party shall file a requested verdict form.

Applies to

Exhibits

The parties must file all exhibits with stipulations addressing admissibility and authenticity by the stated pretrial deadline.

The parties shall file all exhibits with stipulations to admissibility and authenticity no later than 3:00 pm the day prior to the scheduled Final Pretrial Conference or, if a Final Pretrial Conference is not scheduled, by 3:00 p.m.

Applies to

Proposed order

Must include

proposed order

The proposed order’s Document Title must begin with the case number in the specified two-digit-year format without leading zeros.

When you upload proposed orders, please put the case number first in the “Document Title” field on the “Add/Edit Document screen when you submit the order. Please use the following format for the case number, 20CA123, (two digit year, CA, CP, GA, or MH and case number with no leading zeros).

Applies to

Proposed order

Must include

proposed order

For an emergency or time-sensitive proposed order, the Document Title must begin with “emergency or urgent” before the case number.

Also, if your document is an emergency or time-sensitive, please put the word “emergency or urgent” before the case number in the “Document Title” field.

Applies to

Attestation

The declarant attests to filing all required documents for the named Estate.

I hereby Attest to the filing of all required documents for the above named Estate

Applies to

Petition for summary administration

For an indebted estate, the petition must identify each creditor and provide the nature, amount, and due date of the debt.

The Name and address of each creditor, the nature of the debt, the amount of the debt (i.e. if estimated or exact), and when the debt is due.

Applies to

Original death certificate

The original death certificate must be deposited with the Clerk of Court and docketed.

Original Death Certificate deposited with the Clerk of Court, Dk. No. ____

Applies to

Petition for administration

The Petition for Administration must be filed with the Clerk of Court and docketed.

Petition for Administration filed with the Clerk of Court, Dk. No. ____

Applies to

Petition for administration

The petition must be verified.

Petition is verified

Applies to

Petition for administration

The petition must identify the petitioner, state the petitioner's interest, and provide the name and address of the petitioner's attorney.

Petition contains Petitioner’s name and address, a statement of the Petitioner’s interest, and the name and address of Petitioner’s attorney

Applies to

Petition for administration

The petition must contain specified identifying and death information about the decedent and the decedent's domicile.

Petition contains name, LKA, last 4 digits of the SSN, date and place of death of the decedent and the state county of decedent’s domicile.

Applies to

Petition for administration

The petition must identify the surviving spouse and beneficiaries, their relationships to the decedent, and the birth year of any minor beneficiaries.

Names and addresses of the surviving spouse, if any, the beneficiaries, their relationship to decedent and the birth year of any minors.

Applies to

Petition for administration

The petition must contain a statement establishing venue.

Petition contains venue statement

Applies to

Petition for administration

The petition must state the applicant's statutory priority and identify any person having equal or higher preference, including whether that person will receive formal notice.

Statement of the priority, under section 733.301, Florida Statutes, of the person seeking appointment as the personal representative. Statement if any other person has equal or higher preference in appointment (if so, their name and whether they will be served with formal notice).

Applies to

Petition for administration

The petition must disclose known domiciliary or principal proceedings in another jurisdiction and identify the foreign personal representative and issuing court.

Statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the court issuing letters

Applies to

Petition for administration

The petition must state the approximate value and nature of the estate assets.

Petition contains the approximate value and nature of the assets;

Applies to

Petition for administration

For an intestate estate, the petition must address known or unknown unrevoked wills and codicils and explain why any known instruments are not being probated.

IF INTESTATE, 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

Applies to

Petition for administration

For a testate estate, the petition must identify all unrevoked wills and codicils presented for probate and address any other known instruments.

IF TESTATE, 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;

Applies to

Petition for administration

In a testate estate, the petition must include a statement concerning the original last will or an authenticated copy of a will held or probated elsewhere.

If TESTATE, 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 a notarial will, the original of which is in the possession of a foreign notary, accompanies the petition; and

Applies to

Petition for administration

The petition must state that the proposed personal representative is qualified to serve under Florida law.

Statement that the personal representative seeking appointment is qualified to serve under the laws of Florida as a business entity under section 733.305, Florida Statutes, or, if an individual, that the person is qualified to serve under the laws of Florida, including:

Applies to

Petition for administration

An individual proposed personal representative's qualification statement must address felony convictions, physical and mental capacity, age, and Florida residency or the required nonresident relationship statement.

___ Whether the person has been convicted of a felony; ___ Whether the person is mentally and physically able to perform the duties of a personal representative ___ That the person is 18 years of age or older; and ___ Whether the person is a resident of Florida and, if not a resident, a statement of the person's relationship to the decedent in accordance with section 733.304, Florida Statutes.

Applies to

Notice appointment documents

The checklist permits either a waiver and consent from the majority in interest of the heirs or proof of formal notice on qualifying persons with equal or greater preference.

Waiver and Consent to Appointment of Personal Representative from majority in interest of the heirs – Fla. Stat. § 733.301(b); Fla. Prob. R. 5.201 OR ☐ Proof of Formal Notice on all persons qualified to act as personal representative and who are entitled to preference equal to or greater than petitioner - Fla. Prob. R. 5.040

Applies to

Restricted depository petition

The checklist presents a restricted-depository petition or a statement that the estate has no liquid assets as alternatives.

Petition for Restricted Depository, Dk. No. ____ OR ☐ The estate contain no liquid assets

Applies to

Petition to set bond

If a bond is requested, a Petition to Set Bond must be filed and docketed.

Petition to Set Bond, Dk. No. ____

Applies to

Verified inventory

A verified inventory must be filed and docketed.

Verified inventory – Fla. Stat. §733.604, Dk. No. ____

Applies to

Affidavit of heirs

The quote provides a blank docket-number field for an Affidavit of Heirs.

Affidavit of Heirs, Dk. No. ____

Applies to

Beneficiary death certificate

Provide a copy of the death certificate for any deceased beneficiary.

Copy of death certificate for any deceased beneficiary, Dk. No. ____

Applies to

Oath and resident agent designation

The Oath of Personal Representative and the Designation and Acceptance of Resident Agent must be filed and docketed.

Oath of Personal Representative and Designation and Acceptance of Resident Agent - Fla. Prob. R. 5.320 and 5.110, Dk. No. ____

Applies to

Proposed order

Must include

proposed order

A proposed order appointing the personal representative and setting any bond must be submitted to the court.

Order Appointing Personal Representative and setting bond, if any

Applies to

Letters of administration

Must include

proposed order

Proposed Letters of Administration must be submitted to the court.

Letters of Administration

Applies to

Death certificate

Must include

caption

An authenticated copy of the death certificate must be deposited with the Clerk of Courts.

Authenticated copy of death certificate has been deposited with the Clerk of Courts – Fla. Prob. R. 5.171

Applies to

Will

For testate estates, the original will must be deposited with the Clerk of Courts.

Original Will has been deposited with the Clerk of Courts, Dk. No. ____ (testate only)

Applies to

Petition for summary administration

A petition for summary administration must be filed under Florida Probate Rule 5.530.

Petition for Summary Administration - Fla. Prob. R. 5.530

Applies to

Petition for summary administration

The petition must include the petitioner's or attorneys' identifying information and specified information about the decedent.

Petitioner/Petitioner(s)’ name(s) and address(es)/attorney name and address; name and LKA of Decedent, last 4 digits of SSN, and date and place of death/state and county of domicile

Applies to

Petition for summary administration

The petition must identify the surviving spouse and beneficiaries, including their addresses, relationships, and minors' years of birth.

Names and addresses of surviving spouse and beneficiaries (including relationship) and year of birth if any minors

Applies to

Petition for summary administration

The petition must contain an allegation establishing venue.

Venue allegation

Applies to

Petition for summary administration

The petition must state whether proceedings are pending in another state and, if so, identify the personal representative and the foreign court issuing letters.

Whether proceedings are pending in another state, if yes then name and address of PR in foreign state and court issues letters

Applies to

Petition for summary administration

The petition must describe the estate assets and their estimated values, separately identify homestead or exempt property, and include a proposed distribution schedule.

Description of assets and estimated value, separate description of homestead or exempt property and a schedule of proposed distribution

Applies to

Petition for summary administration

In a testate case, the petition must identify all unrevoked wills and codicils and state that no other wills or codicils exist.

Testate: Statement identifying all unrevoked wills and codicils and that there are no other wills or codicils

Applies to

Petition for summary administration

In an intestate case, the petition must state that petitioners, after reasonable diligence, are unaware of any unrevoked wills or codicils.

Intestate: Statement that after exercise of reasonable diligence Petitioners are unaware of any unrevoked wills or codicils.

Applies to

Petition for summary administration

The petition must state that all creditors' claims are barred, unless it contains the alternative diligent-search and reasonable-inquiry disclosure.

Statement that All creditors’ claims are barred, OR

Applies to

Petition for summary administration

The statement must confirm a diligent search and reasonable inquiry for known or reasonably ascertainable creditors and that one of the following applies.

Statement that “a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors has been made and one of the following:”

Applies to

Petition for summary administration

The petition must state that the estate is not indebted, or provide the required creditor information.

Statement that estate is not indebted, OR

Applies to

Petition for summary administration

When a debt will not be paid in full through the proposed administration, the petition must include the specified payment-substitution information.

If payment is being made other than full payment through the proposed administration then include: ☐ Name of person paying debt ☐ Creditors written consent for substitution or assumption ☐ Amount if the debt is compromised ☐ Terms for payment and limitation on liability of person paying the debt

Applies to

Petition for summary administration

Must include

caption

The petition must be verified by the surviving spouse, if any, and all beneficiaries, unless a joinder to the petition is filed for each beneficiary.

Petition is verified by the surviving spouse (if any) and all beneficiaries, OR

Applies to

Joinder to petition

A joinder to the petition must be filed for each beneficiary as an alternative to verification by the beneficiaries.

Joinder to Petition has been filed for each beneficiary, Dk. No. ____ OR

Applies to

Proof of formal notice

Proof of Formal Notice must be filed for each beneficiary receiving their full share under Florida law.

Proof of Formal Notice has been filed for any beneficiary who is receiving their full share under Florida law, Dk. No. ____

Applies to

Affidavit of heirs

An affidavit of heirs must be filed.

Affidavit of Heirs, Dk. No. ____

Applies to

Funeral bill

A copy of the paid funeral bill must be filed unless the decedent has been dead for more than two years.

Copy of paid funeral bill (not required if decedent has been dead more than 2 years), Dk. No. ____

Applies to

Beneficiary death certificate

A copy of the death certificate must be filed for any deceased beneficiary.

Copy of death certificate for any deceased beneficiary, Dk. No. ____

Applies to

Oath of witness to will

If the will is not self-proving under section 732.503, an oath of witness to the will must be filed.

Oath of Witness to Will (if Will is not self-proving under Fla. Stat. § 732.503) - Fla. Stat. § 733.201, Dk. No. ____

Applies to

Order of summary administration

An Order of Summary Administration must be submitted to the court under section 735.206.

Order of Summary Administration – Fla. Stat. § 735.206

Applies to

Order admitting will to probate

An Order Admitting the Will to Probate must be submitted to the court.

Order Admitting Will to Probate

Applies to

Checklist and certification

Must include

local rule certificate

The attorney of record must certify compliance with the checklist and filing of the required pleadings and supporting documentation.

I HEREBY CERTIFY that I have complied with the above checklist and filed the required pleadings and supporting documentation on the date indicated above in accordance with applicable Florida Statutes, Florida Probate Rules, local rules, administrative orders, and administrative memoranda.

Applies to

Trial witness list

Counsel and pro se parties must list every trial witness with an estimated testimony time and a concise description of the expected testimony.

Counsel and all pro-se parties shall attach or list below all witnesses they actually intend to call at trial, including an approximate total amount of the time for each witness and a concise statement of the facts about which the witness will testify.

Applies to

Pretrial order

The pretrial order must contain a statement or summary of the case for the trial judge.

Statement/Summary of Case: (This will not be read to the jury - it is for the trial judge's information.)

Applies to

Itemized damages list

An itemized list of all damages intended for presentation to the jury must be attached to or included with the order.

DAMAGES. Attached, or listed below, is an itemized list of all claimed damages that are going to be presented to the jury.

Applies to

Notice of trial conflicts

A notice of potential trial conflicts and specified information about each conflicting case must be filed before docket sounding.

Prior to docket sounding, a notice of potential trial conflicts should be filed, including information for any other potentially conflicting case(s), including case style, case number, filing date, trial period, judge (with contact information/telephone number), whether such case has been continued previously or has been special set, etc.

Applies to

Jury instructions and verdict form

Jury instructions and verdict forms must be fully discussed and submitted before docket sounding unless the court directs otherwise.

Unless specifically directed otherwise by the Court, jury instructions and verdict forms shall be fully discussed and submitted prior to docket sounding.

Applies to

Jury instructions and verdict form

The submitted jury instructions and verdict forms must include applicable Florida Standard Jury Instructions and forms adapted to the case.

The submitted instructions and verdict forms shall include any of the Florida Standard Jury Instructions and verdict forms with appropriate adaptations for the specifics of the case.

Applies to

Notice of hearing

A notice of hearing must state whether the date and time were coordinated with opposing counsel and, if not, describe the good-faith coordination efforts or why coordination was unsuccessful.

• Whether the date and time have been coordinated with opposing counsel. If the attorney has been unable to coordinate the hearing with opposing counsel, the notice should state the specific good faith efforts the attorney undertook to coordinate or why coordination was not obtained.

Applies to

Notice of motion

A subsequent motion may not be piggybacked or cross-noticed onto time reserved for an already scheduled motion without prior approval from the court and original scheduling attorney.

Once a motion is scheduled, subsequent motions may not be "piggybacked" or "cross- noticed" onto the time reserved for the first motion absent prior approval of the Court and the original scheduling attorney.

Applies to

Cover letter

Documents and proposed orders submitted for the court’s consideration must include a cover letter describing the materials submitted and the reasons for submission.

When submitting documents or proposed Orders for the Court's consideration, a cover letter must be submitted, along with the documents or proposed Orders outlining the materials being directed to the Court and state the reasons for such submissions.

Applies to

Cover letter

A cover letter for a proposed order or similar submission must state that all counsel reviewed it and identify whether any counsel objected.

When submitting a proposed Order or other such document, the cover letter must indicate that all counsel have reviewed the proposed submission, and indicate whether or not they have an objection to the same.

Applies to

Emergency hearing request

An emergency-hearing request must be written, include the verified motion signed by counsel and the client, be filed with the clerk before submission, and copy all interested parties.

All requests for emergency hearings must be submitted to the Judge in writing with a copy of the verified Motion signed not only by counsel, but also their client(s). The motion must be filed with the clerk prior to submission. All parties of interest shall be copied on the correspondence to the Court.

Applies to

Exhibits

A filing containing bundled exhibits must include an index indicating the exhibit pages.

You may file exhibits together in one filing but must file an index with said filing that indicates the page

Applies to

Notice of cancellation

A Notice of Cancellation and JACS cancellation are required when a hearing is canceled, but a hearing canceled less than five days beforehand may be canceled only by the JA.

If you cancel a hearing you are required to file a Notice of Cancellation. You are also required to cancel the hearing on JACS. Any hearing cancelled in less than five (5) days before the hearing can only be cancelled by the JA.

Applies to

Notice of hearing

A Notice of Hearing for a Zoom hearing must state that the hearing is via Zoom and include Judge Cohen’s Zoom Meeting ID.

The Notice of Hearing must clearly indicate that the hearing will be via Zoom and will need to list Judge Cohen’s Zoom Meeting ID.

Applies to

Notice of hearing

Every Notice of Hearing must include the JACS confirmation number.

Your JACS Confirmation Number MUST be on your Notice of Hearing.

Applies to

Notice of hearing

Every Notice of Hearing must state the JACS confirmation number, motion title, filing date, hearing date and time, courtroom, and requested hearing duration.

You MUST include your JACS confirmation number, title of the motion(s), filed date, date and time of hearing, courtroom and the amount of time that was requested on the Notice of Hearing.

Applies to

Discovery motion

Discovery motions scheduled for a hearing of 15 minutes or longer before Magistrate Bernardo must contain a Certificate of Good Faith.

Discovery motions (shall contain a Certificate of Good Faith)

Applies to

Extended hearing time request

An extended-hearing scheduling email must identify the pleading, its filing date, and the amount of hearing time requested.

In the email, please indicated the pleading that you need set, when it was filed with the court, and how much time you are requesting.

Applies to

Proposed order

The drafting attorney must submit the proposed order in Word format with a cover letter stating that there are no objections.

The drafting attorney shall then submit a copy of the proposed order to the Court (in Word format). A cover letter is required. In the cover letter, please state that there are no objections.

Applies to

Notice of cancellation

A cancelled hearing requires filing a Notice of Cancellation with the clerk and emailing a copy to the judicial assistant no later than 4:00 p.m. on the business day before the hearing.

Cancellations: If you cancel a hearing, you are required to file a Notice of Cancellation with the Clerk. You must contact the Judicial Assistant via email with a copy of the Notice of Cancellation no later than 4:00 p.m. the business day prior to the scheduled hearing.

Applies to

Witness list

Counsel and pro se parties must identify their intended trial witnesses from the approved Case Management Plan, if any, and concisely state the facts each witness will address.

Counsel and all pro-se parties shall list all witnesses they actually intend to call at trial from the approved Case Management Plan, if any, including a concise statement of the facts about which the witness will testify, by the ____ day of ________________, 20__, and will be limited thereby except for good cause.

Applies to

Jury instructions and verdict forms

Jury instructions and verdict forms must be submitted at the beginning of trial unless the Court directs an earlier filing date.

Unless specifically directed by the Court to be filed at an earlier date, jury instructions and verdict forms shall be submitted at the beginning of the trial.

Applies to

Jury instructions and verdict forms

Submitted jury instructions and verdict forms must include applicable Florida Standard Jury Instructions and forms, appropriately adapted to the case.

The submitted instructions and verdict forms shall include any of the Florida Standard Jury Instructions and verdict forms with appropriate adaptations for the specifics of the case.

Applies to

Emergency hearing motion

All factual allegations in an emergency-hearing motion must be sworn to by the movant.

All factual allegations must be sworn to by the movant.

Applies to

Motion

Must include

certificate of service

An unstipulated motion to cancel a foreclosure sale must be filed using Form 1.996(b) and served on all parties.

If the motion is not stipulated, a party seeking to cancel a foreclosure sale shall file and serve on all parties a motion as contained in Form 1.996(b) of the Florida Rules of Civil Procedure.

Applies to

Written motion

Anyone seeking court consideration of any matter must file a written motion and notice of hearing with the clerk.

ANY MATTER TO BE CONSIDERED BY THE COURT REQUIRES THE FILING OF A WRITTEN MOTION AND NOTICE OF HEARING WITH THE CLERK.

Applies to

Proposed order

Must include

proposed order

A proposed order must be accompanied by a cover letter stating that all counsel reviewed it, whether they object to its form, and whether competing orders are being submitted.

When submitting proposed Orders for the Court’s consideration, a cover letter must be submitted. The cover letter must indicate that all counsel have reviewed the proposed submission and whether or not they have an objection to the form of the order and also indicate if there are competing orders being submitted.

Applies to

Proposed order

Must include

case number

Every proposed order must include the case number.

Must have the case number.

Applies to

Notice of hearing

Every Notice of Hearing must include the Zoom Meeting ID and Passcode.

Please review Judge Brodie's Zoom Instructions and include the Meeting ID and Passcode in your Notice of Hearing.

Applies to

Petition to approve attorneys fees and costs

Must include

proposed order

Petitions to approve attorney’s fees and costs over $3,000 require an order of referral to the general magistrate submitted through the portal for Judge Brodie’s signature.

For all Petitions to Approve Attorney’s Fees and Costs in excess of $3000.00, please set them for an evidentiary hearing before the General Magistrate and submit an Order of Referral to the General Magistrate through the portal for Judge Brodie’s signature.

Applies to

Exhibits

All proposed exhibits must be pre-marked for identification and accompanied by an index listing each exhibit number or letter.

All exhibits must be pre-marked for identification and shall include an index listing all proposed exhibits with the exhibit numbers or letters.

Applies to

Jury instructions

The requesting party must provide the court a clean copy of the jury instructions without citations to authority before the case is submitted to jurors.

request that the Court provide a set of written jury instructions for the jury's consideration, pursuant to Rule 1.470(b), shall be responsible for providing a clean copy (i.e., without citations to authority) of the jury instructions and verdict form(s) to the Court for this purpose prior to the submission of the case to the jurors.

Applies to

Emergency hearing motion

The motion must state under oath the facts supporting the claimed emergency and explain why expedited consideration rather than ordinary scheduling is warranted.

The motion must state under oath the facts which the party believes constitutes the “emergency”, meaning the reasons the matter should be considered on an expedited basis rather than being scheduled in due course.

Applies to

Emergency hearing motion

The requested relief must be limited to addressing the emergency, and the motion must indicate the hearing time needed, with that time divided equally among the parties.

The relief requested should be limited to that required to address the emergency, indicating how much time is needed for the Court to hear the emergency matters, recognizing that the hearing time will be divided equally among the parties.

Applies to

Ex parte emergency hearing motion

A request for ex parte relief must comply with Rule 1.610.

If you are asking for exparte relief, you must comply with Rule 1.610.

Applies to

Emergency hearing motion

An emergency-hearing motion must have the word “emergency” in its title.

Once you have filed your motion with the Clerk of Court (the title of the motion must contain the language “emergency”), the Clerk’s office will e-mail same to the judicial assistant who, in turn, will provide the judge with a copy for his/her review/determination.

Applies to

Final disposition form

The prevailing party must file the final disposition form for the Clerk of Court's use.

This form shall be filed by the prevailing party for the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statutes section 25.075.

Applies to

Final disposition form

The final disposition form must be dated and signed by the attorney for the prevailing party.

DATE __________ SIGNATURE OF ATTORNEY FOR PREVAILING PARTY __________

Applies to

Motion

Motions for rehearing, new trial, or an advance docket must be submitted in writing, filed with the Clerk's Office, and reviewed by the judge before a hearing may be scheduled.

Such Motions must be submitted in writing and must be reviewed by the Judge before they may be scheduled for hearing. Such Motions should be filed with the Clerks’ Office.

Applies to

Notice of hearing

Every notice of hearing must state the date and time, whether the hearing is evidentiary, the motion title, docket line number, filing date, and reserved hearing time.

All Notices of Hearing shall reflect the following in addition to the date and time of the Motion: • If the hearing is to be evidentiary, this MUST be reflected in the Notice of Hearing. • The title of the motion or motions to be addressed at the hearing along with their docket line number AND the date that they were filed. • The amount of time reserved for the hearing.

Applies to

Motion

A motion to compel discovery submitted without a hearing must state the nature and deadlines of the discovery, the complete failure to respond or object without requesting an extension, and compliance with the conferral requirement of Florida Rule of Civil Procedure 1.380(a)(2).

The Motion must include the following: - The nature of the discovery and the date upon which the discovery was propounded and due; - That there has been a complete failure to respond or object to discovery, and the non- moving party has failed to request an extension of time to respond to discovery; and - That the moving party has otherwise complied with Fla.R.Civ.P.1.380(a)(2), certifying that he/she has conferred, or attempted to confer, with the person or party failing to make the discovery in an effort to secure the information or material without court action.

Applies to

Motion

An unstipulated motion to cancel a foreclosure sale must be filed and served on all parties using Form 1.996(b) of the Florida Rules of Civil Procedure.

If the Motion is not stipulated, a party seeking to cancel a foreclosure sale shall file and serve on all parties a Motion as contained in Form 1.996(b) of the Florida Rules of Civil Procedure.

Applies to

Notice of cancellation

Must include

caption

A Notice of Cancellation must be filed whenever a hearing is canceled.

If you cancel a hearing, you are required to file a Notice of Cancellation.

Applies to

Notice of cancellation

For a cross-noticed hearing, the self-represented parties or counsel must agree to the cancellation and file a Notice of Cancellation of Cross-Notice of Hearing.

If a hearing has been cross- noticed by self-represented parties or counsel, then they must agree to the cancellation of the subject hearing and file a Notice of Cancellation of Cross-Notice of Hearing.

Applies to

Notice of cancellation

A cross-noticed motion hearing may not be canceled without the written consent of the parties or counsel.

You may not cancel a cross-noticed motion hearing without written consent of the parties/counsel.

Applies to

Exhibits

For a Zoom hearing, email all exhibits to the judge's judicial assistant and provide paper copies to the Clerk's Office five days before the proceeding; mark each exhibit with a number or letter and provide an index.

Please forward all exhibits to the Judge’s Judicial Assistant via email 5 days prior to your court proceeding. All exhibits must be marked with an exhibit number or letter and you must provide an index. You must also provide paper copies to the Clerk’s Office 5 days prior to the court proceeding.

Applies to

Pretrial conference order

Parties must submit a Pre-Trial Conference Order before the scheduled conference.

A Pre-Trial Conference Order must be submitted to the Court prior to the Pre-Trial Conference Date.

Applies to

Motion to compel discovery

An ex parte discovery-compulsion order may be entered only if the motion alleges a complete failure to respond and no extension request was made.

an ex parte order compelling discovery may be entered only when the motion to compel alleges a complete failure to respond or object to discovery, and there has been no request for extension of time

Applies to

Motion to compel discovery

The motion must identify the discovery at issue and the dates on which it was propounded and due.

The nature of the discovery and that date upon which the discovery was propounded and due;

Applies to

Motion to compel discovery

The motion must state that the non-moving party completely failed to respond or object and did not request an extension of time.

That there has been a complete failure to respond or object to discovery, and the non-moving party has failed to request an extension of time to respond to discovery; and

Applies to

Motion to compel discovery

Must include

certificate of conference

The motion must certify compliance with Florida Rule of Civil Procedure 1.380(a)(2), including that the moving party conferred or attempted to confer before seeking court action.

That the moving party has otherwise complied with Fla. R. Civ. P. 1.380(a)(2), certifying that he has conferred, or attempted to confer, with the person or party failing to make the discovery in an effort to secure the information or material without court action.

Applies to

Joint stipulation for remote appearance

A remote appearance requires a joint stipulation signed by both parties and agreement by both parties to appear remotely.

Remote appearances will be allowed if the parties file a joint stipulation signed by BOTH parties and BOTH parties agree to appear remotely.

Applies to

Remote appearance scheduling request

A CourtScribes remote-appearance request must include the attorney-specified party, contact, court, appearance, case, proceeding, and representation information that follows.

The following information is required:

Applies to

Notice of hearing

File a Notice of Hearing with the Clerk and serve it on all parties immediately after reserving hearing time, and include the required ADA notification.

A Notice of Hearing must be filed and served immediately after reserving hearing time. The notice must be filed with the Clerk and served on all parties. All notices of hearing must contain the ADA notification required by Florida Rule of General Practice and Judicial Administration 2.540

Applies to

Joint stipulation for remote appearance

A remote appearance requires a joint stipulation signed by both parties and their agreement to appear remotely, and no proposed order granting remote appearance should be submitted.

Remote appearances will be allowed if the parties file a joint stipulation signed by BOTH parties and BOTH parties agree to appear remotely. Please DO NOT submit an order granting remote appearance. A stipulation in the file is the only requirement.

Applies to

Emergency motion

A motion submitted for emergency review must expressly indicate that it is an emergency.

If you would like Judge McHugh to review a motion on an emergency basis you must file a motion that indicates it is an emergency.

Applies to

Notice of hearing

A Notice of Hearing must state that the hearing will occur via Zoom, provide the Zoom link, and list Judge Loukonen's Zoom meeting ID.

The Notice of Hearing MUST clearly indicate that the hearing will be via Zoom https://zoom.us/join and will need to list Judge Loukonen's Zoom meeting ID, which is 983 397 1054.

Applies to

Notice of hearing

A Notice of Hearing must include the Zoom Attachment available at the provided link.

We also have a Zoom Attachment to be included with your Notice of Hearing, see link for attachment. https://www.ca.cjis20.org/pdf/judge/JudgeLoukonenZoomInformation.pdf

Applies to

Notice of hearing

A Notice of Hearing must include the JACS Confirmation Number, and the hearing time is not reserved until that number has been issued.

PLEASE NOTE: Your JACS Confirmation Number MUST be on your Notice of Hearing. If you have not received a JACS Confirmation Number, your hearing time has not been reserved.

Applies to

Designation of current mailing and email address

Must include

case number

A party proceeding pro se must complete and file a Designation of Current Mailing and E-Mail Address with the Clerk of Court.

Should __________(Party)__________ proceed in this matter as a pro se litigant, the Court hereby orders and instructs __________(Party)__________ to complete and file a “Designation of Current Mailing and E-Mail Address” with the Clerk of Court.

Applies to

Stipulation for dismissal

Must include

proposed order

A proposed Order of Dismissal must accompany any stipulated dismissal submitted to the Court.

If the parties file a stipulation for dismissal, the parties shall also submit a proposed Order of Dismissal to the Court.

Applies to

Motion

A motion with exhibits must include an exhibit index identifying each exhibit, its title, and its filing page, and the index may be filed separately or placed at the end of the motion.

A motion with exhibits must include an index to the exhibits that lists the exhibits, gives the title of each exhibit, and the page number where the exhibit is located in the filing. You may file the exhibit index separately or include it at the end of your motion.

Applies to

Motion

Must include

local rule certificate, certificate of conference

At the end of the motion and above the signature block, the movant must include substantially the prescribed Rule 1.202 certification of conferral.

Rule 1.202 requires a certification by the movant that either they participated in a good faith discussion concerning the relief requested in the motion, or they could not establish a dialogue despite good faith efforts to do so. At the end of the motion and above the signature block, the movant must include a certification 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.”

Applies to

Summary judgment motion brief

A summary-judgment motion must include a supporting memorandum and a section specifically captioned “Statement of Material Facts” in the same document.

All motions for summary judgment must include a memorandum of law in support and a specifically captioned section titled, “Statement of Material Facts” in a single document not to exceed 25 pages in length.

Applies to

Statement of material facts

Each allegedly undisputed material fact must appear in a separately numbered paragraph of the Statement of Material Facts.

The statement of material facts must list each material fact alleged not to be disputed in separate, numbered paragraphs.

Applies to

Statement of material facts

Each material fact must have a pinpoint citation identifying the specific record material supporting it.

Each fact must be supported by a pinpoint citation to the specific part of the record relied on to support that fact.

Applies to

Summary judgment opposition brief

A summary-judgment opposition must include a memorandum of law and a section specifically captioned “Response to Statement of Material Facts” in the same document.

An opposition to a motion for summary judgment must include a memorandum of law and a specifically captioned section titled, “Response to Statement of Material Facts” in a single document not to exceed 25 pages in length.

Applies to

Response to statement of material facts

The opposition must admit or deny each movant’s material-fact assertion using matching numbered paragraphs.

The opposing party’s response to the statement of material facts must mirror the statement of material facts by admitting and/or denying each of the moving party’s assertions in matching numbered paragraphs.

Applies to

Response to statement of material facts

Every disputed-fact denial must identify the supporting record location through a pinpoint citation.

Each denial must set forth a pinpoint citation to the record where the fact is disputed.

Applies to

Extended hearing request email

An extended-hearing request email must include all parties, the case number, the requesting party's identity, the motion title, its filing date, and the requested hearing duration.

Include all parties on your email. State the case number, identify the party you represent, the title of the motion(s) that you need set, the date the motion was filed with the Court, and the amount of time you are requesting.

Applies to

Objection to magistrate

Any objection to proceedings before the magistrate must be filed in the court file.

Any objection to the Magistrate must be filed in the court file.

Applies to

Notice of hearing

Once a hearing is scheduled, a Notice of Hearing containing all listed scheduling information must be filed with the court.

In compliance with the 20th Circuit’s Standards of Professional Courtesy and Conduct (Admin. Ord. 2.20), a Notice of Hearing containing the following information must be filed with the Court once a hearing is scheduled:

Applies to

Emergency hearing request

An emergency-hearing request must include a cover letter explaining the emergency and the hearing time needed, together with a copy of the subject motion as filed.

The request shall include a cover letter setting forth the basis for the emergency, providing the amount of time needed for hearing, and enclosing a copy of the subject motion as filed with the Clerk.

Applies to

Cover letter

Must include

proposed order

A proposed-order submission must include a cover letter identifying whether the order is opposed or unopposed.

When uploading proposed orders, you will be required to provide a cover letter stating whether the proposed order is opposed or unopposed.

Applies to

Exhibits

All exhibits must be pre-marked for identification, and the parties must include an index of proposed exhibits with their identifying numbers or letters.

All exhibits must be pre-marked for identification, and the parties must include an index listing all proposed exhibits with the exhibit numbers or letters.

Applies to

Dissolution petition

A dissolution petition must be initiated with the Petition for Dissolution, Vital Statistics Information Sheet, Civil Cover Sheet, and Notice of Related Cases.

Start the process by filing: Petition for dissolution Vital Statistics Information Sheet Civil Cover Sheet Notice of Related Cases

Applies to

Certificate of completion

Each party in a dissolution or paternity action must file an original certificate of course completion with the Clerk of Court.

Each party to a dissolution or paternity action shall file an original certificate of completion with the Clerk of Court.

Applies to

Filing

Must include

local rule certificate

The signer's representation that identified legal authorities exist and are accurately cited applies to both attorney-prepared and unrepresented-party filings.

This requirement applies both to filings prepared by attorneys and to filings prepared by unrepresented parties.

Applies to

Final judgment checklist

The final-judgment checklist is required when a case is submitted for Final Judgment.

The following checklist is required when your case is submitted for a Final Judgment.

Applies to

Petition

A dissolution petition must allege that neither spouse is in the military, no children were born during the marriage, and the wife is not pregnant.

A petition for dissolution of marriage – make sure to allege: that neither of you is in the military and that no children were born during the marriage and that the Wife is not now pregnant

Applies to

Filing

Must include

local rule certificate

The signer of each filing must represent that the legal authorities identified in the filing exist and are accurately cited.

The amendments expand the ===== PAGE 2 ===== existing representation under rule 2.515(d)(2) “to require the signer of a filing to represent that the legal authorities identified in that filing ‘exist and are accurately cited.’

Applies to

Designation form

Must include

case number

A completed address-designation form must be returned to the Clerk of Courts at the Charlotte County Courthouse.

Once you have completed the attached Designation form, return it to the Clerk of Courts on the first floor of the Charlotte County Courthouse, 350 E. Marion Ave, Punta Gorda, FL.

Applies to

Final judgment checklist

A filing date must be entered for each checklist document.

Enter the filing date for each of the following documents:

Applies to

Proposed order

Every proposed order must end with the specified ORDERED, e-signed, and e-filed language.

Every order should end with the following: ORDERED at Charlotte County, Florida and e-signed and e-filed as noted below.

Applies to

Proposed order

A proposed order must be circulated to all attorneys for approval before submission to the court.

Orders should be prepared and circulated to all attorneys for approval before submitting to the court.

Applies to

Report

Reports must not contain a signature line and must end with the specified WHEREFORE language.

Do not include a signature line on the document. Every report must end as follows: WHEREFORE, the General Magistrate files this Report with the Clerk of the Circuit Court and recommends entry of an Order approving same.

Applies to

Uccjea jurisdiction confirmation

For cases with minor children, UCCJEA jurisdiction over the children must be confirmed.

UCCJEA: confirm the court has jurisdiction over the children

Applies to

Petition for simplified dissolution of marriage

A simplified-dissolution petition must be filed, and both parties must sign it.

A petition for simplified dissolution of marriage. Both parties must sign!

Applies to

Pretrial order

Any proposed revision, amendment, waiver, or extension to the standard pretrial provisions must be discussed at the pretrial conference.

(NO DELETIONS OR REVISIONS ARE TO BE MADE TO STANDARD PROVISIONS, LANGUAGE, DISCLOSURES AND/OR ATTACHMENTS - YOU MUST ATTEND THE PRETRIAL CONFERENCE TO DISCUSS ANY PROPOSED REVISION/AMENDMENT/WAIVER/EXTENSION)

Applies to

Pretrial order

A list of all proposed exhibits must accompany the pretrial order.

Attached is a list of all proposed exhibits.

Applies to

Vital statistics information sheet

A Vital Statistics Information Sheet, Civil Cover Sheet, and Notice of Related Cases must be filed with the dissolution petition.

A Vital Statistics Information Sheet A Civil Cover Sheet A Notice of Related Cases

Applies to

Civil cover sheet

A Civil Cover Sheet must be filed with the dissolution petition.

A Civil Cover Sheet

Applies to

Notice of related cases

A Notice of Related Cases must be filed with the dissolution petition.

A Notice of Related Cases

Applies to

Parenting course completion certificate

Cases with minor children must include certificates of completion for the parenting-course requirement for both parties.

Certificates of completion for the parenting course requirement for BOTH parties

Applies to

Notice for trial

A Notice for Trial must be filed when the case was not settled at mediation.

File a Notice for Trial if you did not settle at mediation.

Applies to

Civil cover sheet or general information sheet

The Civil Cover Sheet or General Information Sheet must be included.

Civil Cover Sheet/General Information Sheet

Applies to

Notice of related cases

A Notice of Related Cases must be included.

Notice of Related Cases

Applies to

Petition for dissolution of marriage

The Petition for Dissolution of Marriage must be included.

Petition for Dissolution of Marriage

Applies to

Certificate

Must include

local rule certificate

Certificates of Compliance with Mandatory Disclosure must be included.

Certificates of Compliance with Mandatory Disclosure

Applies to

Special interrogatories for dissolution of marriage

Every interrogatory must be answered correctly by typing or legible handwriting, with “n/a” written or “no” selected when a question does not apply.

Note: You must answer every question correctly, either by typing or printing legibly in ink. If a question does not apply to your case, write “n/a” in the blank or select “no”.

Applies to

Answer and waiver

The Answer and Waiver must be included.

Answer & Waiver

Applies to

Identification or affidavit of corroborating witness

A Florida driver license, Florida identification card, Florida voter-registration card, or affidavit of corroborating witness must be included.

Copy of Florida Driver License, Florida ID card, Florida voter registration card or Affidavit of Corroborating Witness.

Applies to

Notice of social security number

Notices of Social Security Numbers for both parties must be included.

Notices of Social Security Numbers for BOTH parties

Applies to

Financial affidavit

Financial Affidavits for both parties must be included.

Financial Affidavits for BOTH parties

Applies to

Marital settlement agreement

The Marital Settlement Agreement must be included.

Marital Settlement Agreement

Applies to

Parenting plan

A Parenting Plan must be included in cases with minor children.

Parenting Plan

Applies to

Child support guidelines worksheet

The Child Support Guidelines Worksheet must agree with the child support stated in the Final Judgment.

Child Support Guidelines Worksheet (Must agree with child support stated in the FJ).

Applies to

Motion to deviate from child support guidelines

Any motion to deviate from the Child Support Guidelines must be ruled upon by the assigned judge.

Motions to Deviate from the Child Support Guidelines must be ruled upon by the assigned Judge.

Applies to

Motion to deviate from child support guidelines

The date of the order on a motion to deviate from the Child Support Guidelines must be provided.

Date of Order on Motion to Deviate: ____________

Applies to

Child support payment provisions

Child-support payment provisions must run through the Florida State Disbursement Unit unless the court authorizes otherwise in the Final Judgment.

Child support payment provisions through the Florida State Disbursement Unit (FSDU) unless otherwise authorized by the Court in the Final Judgment.

Applies to

Final judgment submission certification

The attorney must certify that the required documents are in the court file and that the case is ready for Final Judgment submission.

I hereby certify that all of the above relevant required documents are in the court file and the case is ready for a Final Judgment submission.

Applies to

Residency proof

Separate proof of at least six months of permanent and continuous Florida residency before filing must be submitted as an enlarged, readable copy of qualifying identification or voter registration documentation, or as Florida Supreme Court Approved Form 12.902(i).

Note: You must show separate proof that you have been a permanent and continuous resident of the State of Florida for at least six months before the date of filing for divorce. You may do this either by: Submitting an enlarged, readable photocopy of either your Florida Driver’s License, Florida identification card, or voter’s registration card (issue date of document must be at least 6 months before the date the case was actually filed with the clerk of the circuit court). OR Submitting an Affidavit of Corroborating Witness; Florida Supreme Court Approved Form 12.902(i)

Applies to

Motion to withdraw

A motion to withdraw must be filed.

File your motion to withdraw.

Applies to

Motion to withdraw

Must include

certificate of service

The Certificate of Service must include the client.

Include your client in the Certificate of Service.

Applies to

Vital statistics information sheet

A Vital Statistics Information Sheet must be filed.

A Vital Statistics Information Sheet

Applies to

Civil cover sheet

A Civil Cover Sheet must be filed.

A Civil Cover Sheet

Applies to

Notice of related cases

A Notice of Related Cases must be filed even when there are no related cases.

A Notice of Related Cases – even if there aren’t any related cases.

Applies to

Notice of social security number

Each party must provide a Notice of Social Security Number.

A Notice of Social Security Number – one for each of you.

Applies to

Residency proof

The filing must include either a copy of a Florida driver’s license or an Affidavit of Corroborating Witness, and only one party needs to prove residency.

A copy of your Florida Driver’s license OR Affidavit of Corroborating Witness. (Only one of you must prove residency.)

Applies to

Jury instructions and verdict form

Unless the court directs otherwise, all jury instructions and verdict forms must be fully discussed and submitted before docket sounding.

Unless specifically directed otherwise by the Court, jury instructions and verdict forms shall be fully discussed and submitted prior to docket sounding.

Applies to

Proposed parenting plan

A proposed parenting plan must be filed with the dissolution petition.

Proposed Parenting Plan with your Petition.

Applies to

Mediation or settlement agreement

The parties must attend mediation or file a settlement agreement signed by both parties.

Attend Mediation or file a Settlement Agreement that both of you have signed.

Applies to

Notice for trial

A Notice for Trial must be filed when all issues were not settled at mediation.

File a Notice for Trial if you did not settle all issues at mediation.

Applies to

Jury instructions and verdict forms

The parties must submit one complete set of agreed jury instructions and verdict forms.

The parties are to review Orders relating to the trial and submit one complete set of agreed Jury Instructions and Verdict forms;

Applies to

Jury instructions and verdict forms

Each party must separately submit requested forms of the jury instructions and verdict forms that were not agreed.

each party will submit separate requested by not agreed Jury Instructions and Verdict forms.

Applies to

Notice of hearing

The Notice of Hearing must include the hearing date and time obtained from the Judicial Assistant.

Fill in the date and time of the hearing (that you received from the Judicial Assistant) on a Notice of Hearing.

The document must contain an under-penalty-of-perjury declaration that its facts are true.

11. I UNDERSTAND THAT THIS DOCUMENT WILL BE FILED WITH THE COURT. UNDER PENALTY OF PERJURY, I DECLARE THAT THE FACTS CONTAINED HEREIN ARE TRUE.

Applies to

Final declaration

Every question on the final declaration must be answered, using “N/A” when a question does not apply.

You must answer every question, by typing or printing legibly in BLACK ink. If a question does not apply to your case, write “N/A’ in the blank.

Applies to

Proposed order email submission

The attorney's office must include in the proposed-order e-mail body the names and addresses of all persons to be served by mail.

To assist in this process, the attorney’s office must include the name and address of those persons to be served by mail in the body of the E-mail submitting the proposed order.

Applies to

Notice of hearing

A notice of hearing for a remote appearance must include the judge’s telephonic credentials.

A notice of hearing involving any remote appearance must list the Judge’s telephonic credentials.

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 Americans with Disabilities Act (ADA) notification required by Florida Rule of General Practice and Judicial Administration 2.540.

Applies to

Proposed order

The court will not hold orders pending party objections, and nonconforming orders will be returned.

The Court will not hold Orders pending objection by the parties. All Orders not in conformity with the above will be returned.

Applies to

Relevant filings

Division forms are mandatory for all relevant filings.

Division forms must be used for all relevant filings.

Applies to

Proposed order

Proposed orders and judgments must be sent to the Judge’s Judicial Assistant after the court proceeding, not before it.

Please forward proposed orders and judgments to the Judge’s Judicial Assistant AFTER the court proceeding, NOT before it.

Applies to

Notice or stipulation of dismissal

When a case is settled, the Judge’s office must be notified and a copy of the Notice or Stipulation of Dismissal forwarded.

If you settle your case, please notify the Judge’s office and forward a copy of the Notice or Stipulation of Dismissal.

Applies to

Certificate of service

Use all available email addresses in the e-portal list; when an email address is unavailable, include the party's full physical address and ZIP code in the Certificate of Service.

It is recommended that you use all email addresses, however, if you do not have an email address, include the full physical address including zip code in the Certificate of Service.

Applies to

E portal submission

Each E-portal submission must identify the case style and case number and indicate whether it is a cover letter, order, or judgment.

For each submission, use the Case Style and Case No. as well as indicating whether it is a cover letter, order, and/or judgment.

Applies to

Petition for formal administration checklist

Include an order designating a depository for assets when applicable.

☐ Order Designating Depository for Assets (if applicable)

Applies to

Notice of trust

A Notice of Trust must be filed when applicable.

Notice of Trust (if applicable)

Applies to

Checklist and certification

The certification must be dated and signed by the attorney and include the attorney's printed name, bar number, and email address.

Dated: ____________ ________________________________________ Attorney's Signature Printed Name:____________________________ Bar Number: _____________________________ Email Address(es):_________________________

Applies to

Proposed verdict form

Any previously disclosed Fabre defendant should be included on the proposed verdict form.

FABRE. Any Fabre defendant previously disclosed should be included on the proposed verdict form.

Applies to

Jury instructions

Jury instructions must be submitted as one agreed-upon package in presentation order, with disputed instructions flagged.

Jury instructions shall be submitted in one agreed upon package in appropriate order of presentation, with any disputed instructions flagged for review and discussion.

Applies to

Notice of hearing

A party or attorney appearing by Zoom must pay any Zoom fees and ensure the hearing notice states that Zoom attendance is planned and includes confirmation information.

Any party or attorney that wishes to attend a hearing via ZOOM will be responsible for the payment of their own ZOOM fees (if any) and ensuring the hearing notice reflects the ZOOM attendance is planned with the confirmation information.

Applies to

Notice of cancellation

If the matter resolves, a proper cancellation notice must be filed immediately and an agreed resolution order submitted for court approval.

Should the matter resolve, a proper notice of cancellation should be immediately filed and the hearing cancelled, along with the submission to the Court of an agreed order resolving the motion – subject to Court approval.

Applies to

Jury instructions

Jury instructions must be submitted as one agreed-upon package in presentation order, with disputed instructions flagged for review and discussion.

Jury instructions shall be submitted in one agreed upon package in appropriate order of presentation, with any disputed instructions flagged for review and discussion.

Applies to

Jury instructions

Submitted instructions and verdict forms must include applicable Florida Standard Jury Instructions and verdict forms, appropriately adapted to the case.

The submitted instructions and verdict forms shall include any of the Florida Standard Jury Instructions and verdict forms with appropriate adaptations for the specifics of the case.

Applies to

Proposed order

The proposed order’s document title must begin with the case number, and emergency or time-sensitive orders must include “Emergency or Urgent” before the case number using the specified format.

When you upload the proposed order, please put the case number first in the “Document Title” filed on the “Add/Edit Document” screen when you submit the order. Also, if your document is an emergency or time-sensitive, please put the word “Emergency or Urgent” before the case number. Please use the following format for the case number: 20CA123 (two digit year, CA/CP/GA/MH and case number with no leading zeros).

Applies to

Proposed order

The drafting attorney must provide proposed orders to opposing counsel with a reasonable time for approval or comment before submitting them to the court, and opposing counsel must promptly communicate objections.

Proposed orders shall be provided to other counsel with a reasonable time for approval or comment prior to submission to the court. Opposing counsel should promptly communicate any objections thereto.

Applies to

Order or judgment

If counsel objects to an order or judgment, counsel must redline it and submit it to the judge with a cover letter identifying the drafter and source of the redlines; competing orders must not be submitted unless the court directs.

If counsel objects to an order or judgment, opposing counsel is to redline the order and then submit it to the judge, with a cover letter explaining who the drafter of the order is and who the redlines are from. Please do not submit competing orders unless directed by the Court.

Applies to

Pretrial order

The pretrial order must use the updated or revised form available on the court website or it will be rejected.

Please ensure you are using the updated/revised Pre-Trial Order that is on the website, or it will be rejected.

Applies to

Jury instructions and verdict forms

Counsel and pro se parties must meet before trial to agree on the verdict form and as many standard jury instructions as possible.

Counsel and all pro-se parties shall meet prior to trial to agree upon the verdict form and as many standard instructions as possible.

Applies to

Proposed order

A proposed order resulting from a hearing must include the hearing date.

Must include date of hearing if the Order is the result of a hearing.

Applies to

Exhibits

After the hearing, counsel and parties must promptly prepare a corrected index of exhibits admitted into evidence, marked as directed by the court or clerk.

After the hearing, counsel/parties must work promptly to prepare a corrected index of exhibits which have been introduced in evidence marked in the manner designated by the Court or the Clerk at the hearing.

Applies to

Cover letter

A cover letter accompanying submitted paperwork should identify time-sensitive matters, including real estate closings and foreclosure sales.

Please indicate time sensitive matters such as real estate closings and foreclosure sales in a cover letter accompanying your paperwork for the Court’s review.

Applies to

Final disposition form

Must include

caption, judge name, case number

The final disposition form must identify the court, case number, judge, and plaintiff and defendant names.

I. CASE STYLE (Name of Court) Plaintiff Case #: __________ Judge: vs. Defendant

Applies to

Final disposition form

The final disposition form must have an x placed in one major disposition box and, when applicable, one subcategory box.

II. MEANS OF FINAL DISPOSITION (Place an "x" in one box for major category and one subcategory, if applicable, only)

Applies to

Transmittal letter or email

A transmittal letter or email is requested for submissions to chambers, containing six specified categories of information, copying all attorneys and self-represented parties, and remaining short unless concerns or requests are raised by motion.

Please send a transmittal letter or email when you submit documents to Judge Brodie’s office indicating: (1) Case number and caption; (2) what is being submitted if anything; (3) the reasons for such being submitted; (4) the date of the court proceeding to which they pertain; (5) a list of those copied with the letter and such submissions; AND (6) whether it is agreed. (ALL attorneys and self-represented parties should be copied on ANY communications with the Judge’s office!) HOWEVER, such communications should be short. If more than a few sentences are necessary, you should put your concerns or requests in a MOTION.

Applies to

Pleading document notice of hearing or proposed order

A filing that references a prior pleading, document, motion, or hearing must identify the referenced item specifically, including its filing date and docket line or number when accessible, and Judge Brodie filings must always include the referenced filing date.

When a party to a proceeding before the Courts of the Twentieth Judicial Circuit, or counsel, files a pleading, document or notice of hearing, or submits a proposed order, which includes a reference to a previously filed pleading, document or to the motion being scheduled for hearing, the party or counsel shall, for ease of further reference: (1) identify with specificity the previously filed pleading or document referenced therein, or the motion being scheduled for hearing; (2) identify the previously filed pleading or document referenced therein, or the motion being scheduled for hearing, by the date it was filed with the Clerk of Court; AND (3) identify the previously filed pleading or document referenced therein or the motion being scheduled for hearing, by the docket line or docket number, as may be reflected on the Clerk’s online web portal, if accessible by the party or counsel. For Judge Brodie, always include the date of filing of the pleading, motion, order etc. to which you are referring.

Applies to

Notice of hearing

Must include

certificate of conference

Parties must comply with the conferral and certification requirements of Florida Rules of Civil Procedure 1.202 and 1.460(d).

Parties must comply with the conferral and certification requirements in Fla.R.Civ.P. 1.202 and 1.460(d).

Applies to

Proposed order

The letter attaching proposed orders or judgments should state whether there is any disagreement with the submitted documents.

Your letter attaching said orders or judgments should indicate whether there are any disagreements as to the submitted documents.

Applies to

Remote appearance order

Parties should not submit an order requesting a remote appearance because a filed stipulation is the only requirement.

Please do not submit an order granting remote appearance, a stipulation in the file is the only requirement.

Applies to

Remote appearance stipulation

The remote-appearance rules apply to every hearing before Judge McHugh, including pre-trial conferences and docket-sounding hearings.

These remote appearance rules apply for all hearings scheduled before Judge McHugh including Pre-Trial Conference and Docket Sounding hearings.

Applies to

Proposed order

A proposed or agreed order may be submitted for judicial review after compliance with the instructions and continuance rule, but an agreed order requires consent from every party.

A proposed order or an agreed order may be submitted for Judge McHugh to review provided the parties have followed the instructions and complied with the rule discussed above. Agreed orders must have consent from all parties.

Applies to

Order of referral to magistrate

Discovery motions lasting at least 15 minutes should be scheduled before the magistrate, with a completed Order of Referral uploaded to the E-portal and the Magistrate’s Assistant contacted to arrange the hearing.

Any discover motions lasting 15 minutes or more should be scheduled before the magistrate. Please complete the Order of Referral to the Magistrate and upload to the E-portal and contact the Magistrate’s Assistant at KWagner@ca.cjis20.org to schedule your hearing.

Applies to

Joint stipulation for remote appearance

The remote-appearance rules apply to all hearings scheduled before Judge McHugh, including pretrial conferences and docket-sounding hearings.

These remote appearance rules apply for all hearing scheduled before Judge McHugh including Pre-Trial Conference an docket Sounding hearings.

Applies to

Remote appearance scheduling information

A remote-appearance scheduling request must identify the appearing party, contact information, court location, department, appearance date and time, case name and number, nature of the proceeding, and represented party.

The following information is required: Name of party appearing remotely Contact information (email and phone) Court location Judge/department(e.g., family, civil) ===== PAGE 4 ===== Appearance date/time Case name & case number Nature of proceeding Party being represented

Applies to

Unopposed motion

An unopposed motion must include the word “unopposed” in its title.

If a motion is unopposed, include “unopposed” in the title of the motion.

Applies to

Unopposed motion

Must include

proposed order

A proposed agreed order should be provided immediately to Judge Loukonen when an unopposed motion is filed.

Upon filing the unopposed motion, you should immediately provide Judge Loukonen with a proposed agreed order.

Applies to

Deposition citation

A deposition citation must include its docket entry and transcript page and line numbers; a general deposition reference is insufficient.

When citing to the record, a general reference to a deposition is inadequate—the docket entry and page and line number of the deposition transcript must be included.

Applies to

Hearing courtesy copy email

The hearing-document courtesy-copy email must state the case number, represented party, motion title, and hearing date and time.

In the email, please state the case number, identify the party you represent, give the title of the motion(s) at issue, and the date and time of the hearing.

Applies to

Magistrate hearing agreement

Parties should obtain agreement from the other parties before reserving hearing time before Magistrate Bernardo.

Before obtaining hearing time with Magistrate Bernardo, please obtain agreement from the other party or parties on proceeding before the Magistrate.

Applies to

Exception hearing request cover letter

The cover letter accompanying the courtesy copy must state the amount of time needed for a hearing on the exceptions.

If an Exception to the Magistrate’s Recommended Order is filed, please provide a courtesy copy to Judge Loukonen’s office along with a cover letter stating the time needed for a hearing on the Exceptions.

Applies to

Notice of hearing

When an attorney cannot coordinate a hearing with opposing counsel, the Notice of Hearing should describe the specific good-faith coordination efforts or explain why coordination was unsuccessful.

If the attorney has been unable to coordinate the hearing with opposing counsel, the notice should state the specific good faith efforts the attorney undertook to coordinate or why coordination was not obtained.

Applies to

Proposed order

A proposed order's Document Title must begin with the case number in the specified two-digit-year format without leading zeros, while emergency or time-sensitive orders must prefix the title with “emergency or urgent.”

When you upload proposed orders, please put the case number first in the “Document Title” field on the “Add/Edit Document screen when you submit the order. Also, if your document is an emergency or time-sensitive, please put the word “emergency or urgent” before the case number in the “Document Title” field. Please use the following format for the case number, 20CA123, (two digit year, CA, CP, GA, or MH and case number with no leading zeros).

Applies to

Notice of hearing

The Notice of Hearing must identify the motions, their filing dates, and the hearing date and time.

The Notice of Hearing must include:  the motion(s) to be heard  date the motion(s) were filed in the case  hearing date and time

Applies to

Proposed order

Unnecessary or case-irrelevant paragraphs in proposed orders must be stricken or deleted.

Orders should be edited so any paragraphs that are unnecessary or irrelevant to that case are stricken/deleted.

Applies to

Report and order on report

The Report and Order on Report must be circulated to all attorneys for approval before submission to the court.

Reports and Orders on Report must be prepared and circulated to all attorneys for approval before submitting to the court.

Applies to

Notice of confidential filing of social security number

A Notice of Confidential Filing of the Social Security Number should also be filed to speed the case along.

A Notice of Confidential Filing of your Social Security Number

Applies to

Settlement agreement

The parties may attend mediation or settle without attending mediation by filing a copy of a fully executed settlement agreement signed by both parties.

Attend Mediation or file a Settlement Agreement that both of you have signed. If you sign an agreement at mediation, your mediator will file the proper document notifying the court of the outcome. You don’t have to attend mediation to settle your case – just file a copy of your fully-executed agreement.

Applies to

Motion for judicial case management conference

A Motion for Judicial Case Management Conference may be filed to request a conference when the other side is not cooperating.

You can always request a Judicial Case Management Conference to move your case along if the other side isn’t being cooperative: file a Motion for Judicial Case Management Conference.

Applies to

Identification or affidavit of corroborating witness

Sensitive information in the identification document or corroborating-witness affidavit must be redacted as required by law.

(Please redact any sensitive information as required by law).

Applies to

Motion

Supporting documentation showing completion of Case Plan tasks should be attached to the motion.

You should attach to your motion supporting documentation showing you completed your Case Plan tasks.

Applies to

Proposed order email submission

The paper copy of the e-mail must accompany the envelopes mailed to the court.

Please include a paper copy of the E-mail with the envelopes when you mail them to the court.

Applies to

Cover letter

When envelopes are submitted for unrepresented parties without a designated e-mail address, a hard copy of the cover letter must accompany the envelope.

When envelopes are submitted due to pro se parties or litigants without designated E-mail address, include a hard copy of the cover letter with the envelope.

Applies to

Proposed order email submission

The proposed-order e-mail body must state whether all opposing counsel agree or disagree with the proposed order's form.

Please also include whether all opposing counsel agree or disagree with the form of the order within the body of email.

Applies to

Proposed order

After processing the order, judicial software inserts the judge’s electronic signature, a date and time stamp, and the electronic certificate of service from the E-Filing Portal.

The judicial software will insert the judge's signature electronically with a date/time stamp included in the signature as well as the electronic certificate of service downloaded from the E-Filing Portal at the time the judicial software is processing the order.

Applies to

Florida driver license copy

A copy of the Florida driver license issued at least six months earlier may also be filed to speed the case along.

A copy of your FL Driver License (issued at least 6 months earlier)

Applies to

Settlement agreement

If the parties already have a written settlement agreement signed by both parties, it may be filed to speed the case along.

A written Settlement Agreement that is signed by both parties – if you already have one