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Court Rules
Judge Donna M. Goerner
Judge

Judge Donna M. Goerner

Individual Rules, Standing Orders & Policies

Eighteenth Judicial Circuit of Florida, Brevard and Seminole Counties

Limits & Logistics

Courtesy Copies

Case Law, Other Documents

Courtesy copies

  • At Least 10 Days Before Scheduled Hearing

Evidence

  • 2 copies • Chambers Drop Off • At Least 3 Business Days Before Hearing

Evidentiary Hearing Exhibits

  • 2 copies

Adjournments

  • No motion to continue is necessary when the hearing was not set by the Court and the parties agree to continue it.
  • After the pretrial conference, the Court will not continue the trial because a party is unavailable unless the witness’s unavailability resulted from unforeseen circumstances, such as a later accident or hospitalization.
  • Opposed motions to continue case management, pretrial, or trial must be heard at Short Matters unless addressed at Pre-Trial.
  • +7 more

Request must include

Reason for RequestAdversary PositionProposed Rescheduled DateProposed New Dates
  • For a court-scheduled matter, a continuance is disfavored, requires good cause, and must be requested at least five days before the court date.
  • A party seeking to continue a hearing that it scheduled must complete the rescheduling procedure at least five days before the hearing.

Communication

Email

Chambers

dawn.stallworth@flcourts18.org
EmergenciesSchedulingTechnical Issues
Phone
+1 386-310-1754
EmergenciesTechnical Issues
Filters:

Document Format Requirements19 rules

FormattingMandatory

Orders must also be in a font no smaller than 12 point.

Font size
At least 12 points
Applies to
  • Proposed order
Judge Goerners Civil Div G Policies and Procedures · p. 20
|SectionD. Submission of Orders and Judgments
FormattingMandatory

The Judge must be able to edit the proposed Order, even if it is an agreed proposed order.

Judge Goerners Civil Div G Policies and Procedures · p. 20
|SectionD. Submission of Orders and Judgments
FormattingMandatory

All proposed Orders must be submitted to the Court in Word format.

Applies to
  • Proposed order

Formatting

  • Word format
Judge Goerners Civil Div G Policies and Procedures · p. 20
|SectionD. Submission of Orders and Judgments
FormattingMandatory

An order intended for electronic signature must omit the actual date and specified signature lines and include each four-letter code on a separate line.

Applies to
  • Proposed order

Formatting

  • Do not include the actual date

Court's wording

For the Order to be electronically signed, the format of the order MUST NOT have the actual date, MUST NOT have “Circuit Judge” or “Judicial Assistant” signature lines within the order, and MUST contain the four-letter codes, each on its own separate line.

Judge Goerners Civil Div G Policies and Procedures · p. 23
|SectionD. Submissions of Orders and Judgments
FormattingMandatory

Format: ALL exhibits MUST be submitted in paper format, except that videos may be provided on a thumb drive.

File type
Paper
Applies to
  • Exhibits
Judge Goerners Civil Div G Policies and Procedures · p. 25
|SectionG. Exhibits for Evidentiary Proceedings (Includes Trials)
FormattingMandatory

All evidentiary exhibits must be pre-marked with LETTERS on the bottom right corner of the exhibit.

Applies to
  • Exhibits

Formatting

  • Pre-mark each evidentiary exhibit with a letter on its bottom-right corner
Judge Goerners Civil Div G Policies and Procedures · p. 25
|SectionG. Exhibits for Evidentiary Proceedings (Includes Trials)
FormattingMandatory

AGAIN, TWO SETS ARE REQUIRED, ONE FOR THE COURT CLERK AND ONE FOR THE JUDGE.

Judge Goerners Civil Div G Policies and Procedures · p. 25
|SectionG. Exhibits for Evidentiary Proceedings (Includes Trials)
FormattingMandatory

The exhibits must be marked for identification with LETTERS.

Judge Goerners Civil Div G Policies and Procedures · p. 25
|SectionG. Exhibits for Evidentiary Proceedings (Includes Trials)
FormattingMandatory

Jury instructions shall be in 14-point type with Arial font and follow the format of the Standard Jury Instructions in Civil Cases.

Font
Arial
Font size
14 points
Applies to
  • Jury instructions
FormattingImportant

DO NOT INSERT TABLES AND CHARTS IN THE HEADER OR TITLE whenever possible.

Judge Goerners Civil Div G Policies and Procedures · p. 20
|SectionD. Submission of Orders and Judgments
FormattingImportant

The materials must include the case style, the case number, and the date of the hearing in the subject line of the email.

Judge Goerners Civil Div G Policies and Procedures · p. 23
|SectionE. Courtesy Copies of Case Law and Other Documents
FormattingImportant

Case law shall be provided in PDF format. Documents shall be submitted in PDF or JPEG format.

Applies to
  • Case law
  • Other documents

Formatting

  • Case law must be provided in PDF format
  • Other documents must be submitted in PDF or JPEG format
Judge Goerners Civil Div G Policies and Procedures · p. 23
|SectionE. Courtesy Copies of Case Law and Other Documents
FormattingImportant

Photos should be submitted in color.

Judge Goerners Civil Div G Policies and Procedures · p. 25
|SectionG. Exhibits for Evidentiary Proceedings (Includes Trials)
FormattingImportant

If the parties disagree on any portion of the jury instructions, competing instructions should be included in red or blue font and indicate the objection and the basis for the objection.

FormattingNote

Orders should preferably be in Arial or Times New Roman.

Judge Goerners Civil Div G Policies and Procedures · p. 20
|SectionD. Submission of Orders and Judgments
FormattingNote

The materials must be organized and preferably in a binder.

Judge Goerners Civil Div G Policies and Procedures · p. 24
|SectionE. Courtesy Copies of Case Law and Other Documents
FormattingNote

Bates Numbering of exhibits consisting of multiple pages is preferred but not required.

Judge Goerners Civil Div G Policies and Procedures · p. 25
|SectionG. Exhibits for Evidentiary Proceedings (Includes Trials)
FormattingNote

Once introduced into evidence, the Clerk will mark the exhibits with numbers.

Judge Goerners Civil Div G Policies and Procedures · p. 25
|SectionG. Exhibits for Evidentiary Proceedings (Includes Trials)
FormattingNote

When entered into evidence, the Clerk of Court will mark the exhibit with a number.

Judge Goerners Civil Div G Policies and Procedures · p. 25
|SectionG. Exhibits for Evidentiary Proceedings (Includes Trials)

Document Filing Requirements75 rules

Filing RequirementsMandatoryCivil cases

NOTE: STIPULATIONS, ADMISSIONS, AGREEMENTS AND WAIVERS MUST BE IN WRITING IF SEEKING COURT ENFORCEMENT.

Filing RequirementsMandatory

If the Notice of Hearing does not include this information, it will be cancelled by the Court.

Filing RequirementsMandatory

A notice of hearing involving any remote appearance must list the judicial MICROSOFT TEAMS credentials (See Exhibit A below) and must contain the ADA notification required by Fl. R. Gen. Prac. Jud. Admin. 2.540:

Filing RequirementsMandatory

If scheduling a Status Hearing, the Notice of Hearing must include what specific issues are being addressed at the Status Hearing.

Filing RequirementsMandatory

A notice of hearing must specifically state the matter(s) to be heard and include the docket number and date of filing of the Motion to be heard.

Filing RequirementsMandatory

All case management conferences must be NOTICED pursuant to Fla. R. Civ. P. 1.200(j).

Filing RequirementsMandatory

Judge Goerner’s virtual courtroom information is as follows and must be included on all notices for virtual/remote hearings:

Filing RequirementsMandatory

The Notice of hearing must indicate whether the hearing is virtual or in person.

Filing RequirementsMandatory

You must also include the instructions for virtual appearances on ALL hearing notices, with the words: MICROSOFT TEAMS prominently displayed. If the notice of a virtual hearing does not prominently display the words MICROSOFT TEAMS and the virtual link information, the hearing will be removed from the docket.

Filing RequirementsMandatory

A notice of hearing on a motion to withdraw as counsel must comply with Rule 2.505(f)(1), including notifying the client at the client’s last known address, or the hearing will be cancelled.

Court's wording

All Notices of Hearing for Motions to Withdraw as counsel of Record must be pursuant to Fla. R. Gen. Prac. Jud. Admin. 2.505(f)(1), which provides that the client be notified of the hearing at his or her last known address. If the Motion and Notice of Hearing does not comply with Fla. R. of Gen. Prac. Jud. Admin. 2.505(f)(1), the hearing will be cancelled.

Filing RequirementsMandatory

Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Fla. R. Gen. Prac. Jud. Admin. 2.545(e).

Filing RequirementsMandatory

To have the listed matters considered, except motions to dismiss, submit a cover letter and proposed order under the stated submission procedures.

Document
Listed matter not requiring hearing

Include

  • Proposed order

Court's wording

For the above matters to be considered by the Court (except for Motions to Dismiss), please submit a cover letter and proposed Order using the procedures set forth under the Submission of Orders and Judgments section of these policies and procedures.

Filing RequirementsMandatory

Certificate of Conferral. At the end of the motion and above the signature block, the movant must include a certificate of conferral in substantially the following form:

Document
Motion
Placement
Signature block

Must include

  • Certificate of conference
Filing RequirementsMandatory

This certificate is also required in the Notice of Hearing, and a separate certificate shall be filed not later than 7 days before the actual hearing date.

Filing RequirementsMandatory

Counsel shall include in the Notice of Hearing the Certificate of Compliance certifying that the meet and confer occurred (or did not occur and setting out the good faith attempts to schedule the conference) and identifying the date of the conference, the names of the participating attorneys, and the specific results obtained.

Filing RequirementsMandatory

Notices of Hearing must prominently state that virtual hearings will use Microsoft Teams; notices that do not will be removed from the docket.

Court's wording

Seminole County does not conduct hearings using ZOOM and Notices of Hearing that do not properly AND PROMINENTLY indicate that the virtual hearing will be conducted by MICROSOFT TEAMS will be removed from the docket without further notice to the parties.

Filing RequirementsMandatory

The Notice of Compliance with Division G Evidentiary Hearing Procedures must be filed, and the Form is included in the Appendix to these policies and procedures.

Filing RequirementsMandatory

A proposed order must be submitted pursuant to these policies and procedures.

Must include

  • Proposed order
Filing RequirementsMandatory

DO NOT REPRESENT TO THE COURT THAT THE ORDER IS AGREED IF THE INTERESTED PARTY IS PRO SE AND THAT PERSON HAS NOT AFFIRMATIVELY AGREED TO THE PROPOSED ORDER.

Judge Goerners Civil Div G Policies and Procedures · p. 20
|SectionD. Submission of Orders and Judgments
Filing RequirementsMandatory

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

Court's wording

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

Judge Goerners Civil Div G Policies and Procedures · p. 20
|SectionD. Submission of Orders and Judgments
Filing RequirementsMandatory

The hearing notice must also include the amount of time reserved for the hearing.

Filing RequirementsMandatory

Whether there was a hearing or no hearing.

Judge Goerners Civil Div G Policies and Procedures · p. 21
|SectionD. Submissions of Orders and Judgments
Filing RequirementsMandatory

The date the Motion was filed.

Judge Goerners Civil Div G Policies and Procedures · p. 21
|SectionD. Submissions of Orders and Judgments
Filing RequirementsMandatory

The Certificate of Service (Examples provided below). DO NOT INCLUDE THE NAMES AND ADDRESSES OF THE PARTIES TO BE SERVED. This is done automatically when the markers are used as indicated. The Court does not mail copies of orders to parties that are not registered for e-service. This is the responsibility of the movant.

Document
Proposed order

Include

  • Certificate of service
Judge Goerners Civil Div G Policies and Procedures · p. 21
|SectionD. Submissions of Orders and Judgments
Filing RequirementsMandatory

If there was a hearing, the proposed order must state its correct date.

Court's wording

The date of the hearing, if there was a hearing. The Court will always review hearing notes before processing any proposed order, so this information MUST be included and must be correct for all proposed orders.

Judge Goerners Civil Div G Policies and Procedures · p. 21
|SectionD. Submissions of Orders and Judgments
Filing RequirementsMandatory

The title of the proposed order must match the title of the Motion filed in the court file.

Judge Goerners Civil Div G Policies and Procedures · p. 21
|SectionD. Submissions of Orders and Judgments
Filing RequirementsMandatory

Proposed orders must use the specified signature and date markers and must not include signature lines or the judge’s name.

Court's wording

The markers JJJJ for the Judge’s Signature, DDDD for the date of the Judge’s Signature, AAAA for the Judicial Assistant’s Signature, and MMMM for the date of the Judicial Assistant’s Signature. (Examples are provided in the Appendix). DO NOT INCLUDE LINES FOR SIGNATURES OR THE JUDGE’S NAME. This is automatic when the markers are used as indicated.

Judge Goerners Civil Div G Policies and Procedures · p. 21
|SectionD. Submissions of Orders and Judgments
Filing RequirementsMandatory

The docket number of the Motion. The e-filing number is not the docket number and proposed orders with an e-filing number will be rejected. The Court cannot look up a Motion using the e-filing number.

Judge Goerners Civil Div G Policies and Procedures · p. 21
|SectionD. Submissions of Orders and Judgments
Filing RequirementsMandatory

Unopposed or Agreed Orders must indicate that they are Unopposed or Agreed.

Judge Goerners Civil Div G Policies and Procedures · p. 22
|SectionD. Submissions of Orders and Judgments
Filing RequirementsMandatory

If opposing counsel has not responded, an order may be sent to the Court after a reasonable time only if the motion was already heard; otherwise, the motion must be set for hearing.

Court's wording

If opposing counsel has been forwarded a copy of the proposed order, but has not responded within a reasonable time frame, you may forward the proposed order to the Court with a cover letter stating the same ONLY IF the motion was already heard before the Court. If the motion has not been heard before the Court and you have not received a response from opposing counsel as to his/her position, then it MUST be set for a hearing.

Judge Goerners Civil Div G Policies and Procedures · p. 22
|SectionD. Submissions of Orders and Judgments
Filing RequirementsMandatory

If there was no hearing on the motion, the proposed order must indicate that the Motion comes before the Court for consideration without a hearing.

Judge Goerners Civil Div G Policies and Procedures · p. 22
|SectionD. Submissions of Orders and Judgments
Filing RequirementsMandatory

File a cover letter with each proposed order that identifies the related motion by title, filing date, and court-file document number.

Court's wording

A cover letter must be filed with the proposed Order and must include the title of the Motion to which the proposed Order pertains, the date the Motion was filed, and the document number that corresponds to the Motion in the court file.

Judge Goerners Civil Div G Policies and Procedures · p. 22
|SectionD. Submissions of Orders and Judgments
Filing RequirementsMandatory

The proposed order’s title must match the motion’s title and include its filing date and court-file document number; noncompliant titles or missing required information will be rejected.

Court's wording

The Title of the proposed Order must match the title of the Motion to which it pertains and must contain the date the Motion was filed and the document number that corresponds to the Motion in the court file. It is inappropriate to title a proposed order: “Order on Hearing held July 17, 2024.” These types of proposed orders will be automatically rejected by the Court. Orders that do not include the markers or information required per these policies and procedures will be rejected for correction.

Judge Goerners Civil Div G Policies and Procedures · p. 22
|SectionD. Submissions of Orders and Judgments
Filing RequirementsMandatory

If a hearing was held, the proposed order must indicate that “the matter was heard on,” and include the date of the hearing.

Judge Goerners Civil Div G Policies and Procedures · p. 23
|SectionD. Submissions of Orders and Judgments
Filing RequirementsMandatory

A party seeking an emergency hearing must file a detailed motion identifying the issues, need for emergency relief, presentation time, and any applicable rule or statute requiring an emergency hearing.

Court's wording

If a party believes there is a factual basis for scheduling 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, (3) the amount of time needed for each party’s presentation, and (4) the rule or statute that requires the Court to hold an emergency hearing if applicable.

Judge Goerners Civil Div G Policies and Procedures · p. 24
|SectionF. Emergency and Other Urgent Matters
Filing RequirementsMandatory

The parties must provide a tabular exhibit list with a brief description of each exhibit, its letter, and space for the Court to add its evidence number.

Document
Evidentiary exhibit list

Must include

  • Exhibit list

Court's wording

The parties must also provide a corresponding evidentiary exhibit list with brief description of each exhibit. The list should be a table that has the letter of the exhibit in one column, the description of the exhibit in the next column, and a blank space for the number of the exhibit to be inserted by the Court once the exhibit is entered into evidence

Judge Goerners Civil Div G Policies and Procedures · p. 25
|SectionG. Exhibits for Evidentiary Proceedings (Includes Trials)
Filing RequirementsMandatory

A Notice of Compliance shall be filed simultaneously with the completion of the above requirements.

Judge Goerners Civil Div G Policies and Procedures · p. 25
|SectionG. Exhibits for Evidentiary Proceedings (Includes Trials)
Filing RequirementsMandatory

This rule requires a hearing on the Motion to Withdraw.

Judge Goerners Civil Div G Policies and Procedures · p. 27
|SectionK. Other Division Procedures — Motion to Withdraw as Counsel
Filing RequirementsMandatory

A motion to set trial in the specified circumstances must include the stated trial details and, if applicable, the court’s authorization for juror participation by audio-video technology.

Court's wording

For any case not subject to rule 1.200 or rule 1.201 or for any case in which any party seeks a trial for a date earlier than the projected or actual trial period specified in a case management order, any party may file and serve a motion to set the action for trial. The motion must include an estimate of the time required, whether there is a basis for an expedited trial, whether it is to be a jury or non-jury trial, whether the trial is on the original action or a subsequent proceeding, and, if applicable, indicate that the court has authorized the participation of prospective jurors or empaneled jurors through audio-video communication technology under Rule 1.430(d).

Filing RequirementsMandatory

If the motion does not specifically comply with the Rule, it will be denied.

Filing RequirementsMandatory

The proposed withdrawal order must include the client’s contact details, notice about pleadings and address changes, and any additional court-required information, including applicable case-stay information.

Court's wording

Any proposed Order on the Motion to Withdraw shall contain: - The client's name, address, and telephone number, and e-mail address - Statement that all pleadings are to be furnished to the client - Statement that the client is responsible for notifying the Clerk, in writing, within five (5) days of any changes of address. - Any additional information required by the court following a hearing or, if no hearing due to the client’s consent to withdrawal, an indication of whether, or how long, the case will be stayed to allow the client to obtain new counsel. Generally, the court will stay the proceedings for thirty (30) days to allow the client to obtain new counsel.

Judge Goerners Civil Div G Policies and Procedures · p. 28
|SectionK. Other Division Procedures — Motion to Withdraw as Counsel
Filing RequirementsMandatory

If the completed checklist is not provided to the Judicial Assistant, the Motion to Compel will not be heard. This does not apply if the Motion to Compel relates to setting depositions, mediation, or if a party has never submitted a response or objection to a discovery request.

Judge Goerners Civil Div G Policies and Procedures · p. 28
|SectionK. Other Division Procedures — Motions to Compel Discovery
Filing RequirementsMandatory

For a hearing on a Motion to Compel, a completed checklist is required. Please see the Appendix and complete the checklist attached on page 24.

Judge Goerners Civil Div G Policies and Procedures · p. 28
|SectionK. Other Division Procedures — Motions to Compel Discovery
Filing RequirementsMandatory

If the Plaintiff feels that mediation is not necessary, or the case has been pre-mediated, then a motion to waive mediation needs to be filed explaining the reason(s). Motions to waive mediation can be signed ex parte.

Judge Goerners Civil Div G Policies and Procedures · p. 28
|SectionK. Other Division Procedures — Motion for Summary Judgment (Residential Foreclosure)
Filing RequirementsMandatory

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

Judge Goerners Civil Div G Policies and Procedures · p. 33
|SectionRequest for, Objections to, and Hearings on
Filing RequirementsMandatory

The objections must state the specific reasons for the objections.

Judge Goerners Civil Div G Policies and Procedures · p. 33
|SectionRequest for, Objections to, and Hearings on
Filing RequirementsMandatory

THIS IS STANDARD LANGUAGE THAT SHOULD BE USED IN ALL ORDERS. THE SUBSTANCE OF THE ORDER SHOULD BE TAILORED TO THE CIRCUMSTANCES OF EACH CASE.

Filing RequirementsMandatory

Pursuant to Administrative Order No. 24-06 3rd Amended, Civil Case Management Plans and Orders are required for cases filed on or before January 31, 2025, and initial disclosures are not required.

Filing RequirementsMandatory

All draft jury instructions must be emailed to the JA or case manager, in WORD format, by noon on the Thursday before trial.

Filing RequirementsMandatoryCivil cases

The following forms must be completed before the Pre-Trial Conference docket for Seminole’s Circuit Civil Division G Pre-Trial Conference Checklist (Fillable Adobe PDF format)

Filing RequirementsMandatoryCivil cases

The following forms must be completed before the Pre-Trial Conference docket for Seminole’s Circuit Civil Division G Pre-Trial Conference Order (Protected Word Format)

Filing & Service rules

Electronic Filing Rules

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

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

Page 5 | A. COMMUNICATIONS WITH THE JUDICIAL OFFICE

Attorneys and self-represented litigants must provide an email address for electronic order signing unless excused.

All attorneys and self-represented litigants must provide an e-mail address to sign orders electronically, unless excused.

Page 5 | A. COMMUNICATIONS WITH THE JUDICIAL OFFICE

After rescheduling a hearing, an amended notice must be filed through the e-filing portal immediately and emailed to the Judicial Assistant.

An Amended Notice of Hearing must be prepared and filed through the e-filing portal immediately, and a copy must be emailed to the Judicial Assistant.

Page 9 | Continuance Procedure

Do not schedule an unopposed matter for hearing; submit a proposed order through the portal, and schedule a hearing only if directed by the Court.

This means that if there is no objection to the matter, then do not schedule a hearing. Submit a proposed order via the portal, and if the Court has questions or concerns, the Court will specifically direct you to schedule a hearing.

Page 11 | MATTERS REQUIRING A HEARING

Amended Notices and Cross Notices of Hearing are e-filed, with a copy emailed to the Judicial Assistant.

Amended Notices and/or a Cross Notice of Hearing are e-filed and that a copy is emailed to the Judicial Assistant.

Page 17 | B. Scheduling Procedures

Submit proposed orders through the e-filing portal in Word format and file the accompanying cover letter separately in PDF format.

ALL proposed Orders must be submitted through the e-filing portal (in Word format) along with a separately filed cover letter (in PDF format).

Page 20 | D. Submission of Orders and Judgments

Do not submit copies of motions to the Judge through the proposed-order e-portal.

DO NOT submit copies of Motions to the Judge via the proposed order eportal.

Page 20 | D. Submission of Orders and Judgments

Designating a motion as an emergency on the e-filing portal does not alert the Judge that the emergency motion exists.

Checking the box on the e-filing portal to designate the motion as an emergency filing does not alert the judge to the existence of the emergency motion.

Page 24 | F. Emergency and Other Urgent Matters

With the client’s signed consent, the proposed order granting withdrawal may be submitted through the e-filing portal.

However, if the attorney obtains a signed consent from their client, then the proposed Order Granting Motion to Withdraw may be submitted via the e-filing portal.

Page 27 | K. Other Division Procedures — Motion to Withdraw as Counsel

Submit the proposed order with a cover letter through the e-filing portal for entry.

Please submit the proposed order with a cover letter via the e-filing portal for entry.

Page 28 | K. Other Division Procedures — Motion for Summary Judgment (Residential Foreclosure)

Self-represented litigants are encouraged to register for the E-filing portal to receive and file documents electronically.

Self-represented litigants should register for the E-filing portal so they can electronically receive and file documents.

Page 5 | A. COMMUNICATIONS WITH THE JUDICIAL OFFICE

Self-represented litigants are asked to register for the E-filing portal to receive and file documents electronically.

Please register for the E-filing portal so you can electronically receive and file documents.

Page 21 | D. Submissions of Orders and Judgments

Filing Timing and Cure Windows

All materials for a hearing must be received by the court at least ten business days before the hearing.

The court must receive all materials for the hearing no later than ten (10) business days before the hearing.

Page 8

A motion to dismiss must be provided to the Judicial Assistant within 20 days after filing or it is automatically deemed denied as abandoned.

If a Motion to Dismiss is filed, a copy of the Motion must be emailed to the Judicial Assistant within 20 days of filing. The Court will then issue an Order Directing a Written Response and will rule on the paper pleadings. If the Motion is not provided to the Judicial Assistant within 20 days of filing, the Motion is automatically deemed denied as abandoned.

Page 10 | Other Scheduling Procedures

A separate certificate must be filed no later than seven days before the actual hearing date.

This certificate is also required in the Notice of Hearing, and a separate certificate shall be filed not later than 7 days before the actual hearing date.

Page 12 | Certificate of Conferral.

A motion to appear virtually at an evidentiary hearing must be filed at least five days before the hearing and explain why the witness, party, or attorney needs to appear virtually.

A motion to appear virtually for an evidentiary hearing is required AT LEAST 5 DAYS PRIOR TO THE HEARING and must include the reason why a witness or party, or attorney needs to appear virtually.

Page 19 | C. Remote Appearance

A motion requesting virtual trial appearance for a witness must be filed at least five days in advance and explain why the witness needs to appear virtually.

The Court will consider allowing a witness to appear for trial virtually, but a Motion must be filed AT LEAST 5 DAYS IN ADVANCE explaining why the witness needs to appear virtually.

Page 19 | C. Remote Appearance

When a hearing is held, the proposed order is due the following Friday unless the Court sets another deadline at the hearing.

ALL proposed orders are due the Friday following the hearing if a hearing is held, unless the Court gives a different deadline date at the time of the hearing.

Page 20 | D. Submission of Orders and Judgments

When calling witnesses or presenting evidence, file the witness list and/or exhibit list at least three business days before the hearing.

If Page 19 of 49 ===== PAGE 20 ===== calling witnesses or presenting evidence, a witness list and/or exhibit list must be filed with the court at least three (3) business days prior to the hearing so that a court clerk can be present for the hearing.

Page 20 | Evidentiary Hearings/Trials

If no hearing is held, submit the proposed order within 24 hours after filing the motion.

For matters where no hearing is held, the proposed order shall be submitted within 24 hours of filing the Motion.

Page 20 | D. Submission of Orders and Judgments

After the Court rules at a hearing, file the order by the submission date given in open Court, which may differ from the usual Friday following the hearing.

After a hearing is completed and the court has ruled, you MUST file the order by the date that the Court gives you in open Court. The date is usually the Friday following the hearing, but the Court will specifically give you the date by which the proposed order must be submitted by.

Page 22 | D. Submissions of Orders and Judgments

Trial exhibits must be provided to the trial court clerk by 8:00 a.m. on the day of jury selection.

TRIAL EXHIBITS MUST BE PROVIDED TO THE TRIAL COURT CLERK NO LATER THAN 8:00 A.M. ON THE DAY OF JURY SELECTION.

Page 25 | G. Exhibits for Evidentiary Proceedings (Includes Trials)

The Notice of Compliance must be filed simultaneously with completion of the exhibit requirements.

A Notice of Compliance shall be filed simultaneously with the completion of the above requirements.

Page 25 | G. Exhibits for Evidentiary Proceedings (Includes Trials)

Evidentiary hearing exhibits must be provided to the Court and all interested parties, including self-represented litigants, at least 10 days before the hearing.

Evidentiary hearing exhibits must be provided to the Court and all interested parties, including self-represented litigants, at least 10 days prior to the hearing.

Page 25 | G. Exhibits for Evidentiary Proceedings (Includes Trials)

An objection not set for an immediate hearing within five days of filing is deemed an abandonment of the request.

Failure to set the objection for immediate hearing within 5 days of filing said Objection will be deemed an “Abandonment of the Request” under the rules.

Page 33 | Request for, Objections to, and Hearings on

A hearing must be requested immediately for any filed objection.

A hearing must be immediately requested on any objection filed.

Page 33 | Request for, Objections to, and Hearings on

Objections to an examination of persons must be filed within 30 days of the written request if service of process occurred at least 15 days before the request was served.

Objections to “Examination of Persons” under Fla. R. Civ. P. 1.360(a)(1)(A) must be filed no later than 30 days from the written request, assuming service of process has occurred at least 15 days prior to the request being served.

Page 33 | Request for, Objections to, and Hearings on

The party must notify the Clerk of Court in writing within five days of any address change.

The Plaintiff/Defendant (choose one or insert the client’s name) shall notify the Clerk of Court, in writing, within five (5) days of any changes of address.

Page 46 | ORDER ON MOTIONS TO WITHDRAW AS COUNSEL

Draft jury instructions are due by noon on the Thursday before trial.

All draft jury instructions must be emailed to the JA or case manager, in WORD format, by noon on the Thursday before trial.

If the proposed jury instructions and verdict forms were not submitted at the Pretrial Conference, the Plaintiff(s) must file and submit a complete hard copy set by 9:00 a.m. one business day before trial starts.

The Plaintiff(s) shall file with the Clerk and submit to the Court in hard copy form a complete set of proposed jury instructions and verdict forms no later than 9:00 a.m. one business before the scheduled start of the trial.

Civil cases

Page 1 | PRETRIAL CONFERENCE ORDER

The court may decline to consider untimely motions requesting virtual trial appearance for a witness.

Untimely motions may not be considered by the court.

Page 19 | C. Remote Appearance

A proposed order that the Judge or Judicial Assistant cannot edit will be rejected for resubmission in the proper format.

If the Judge or JA is unable to edit the proposed order, it will be rejected with instructions to resubmit using the proper format.

Page 20 | D. Submission of Orders and Judgments

A written examination request should be made no later than 70 days before the pretrial date.

If examinations under these rules are requested, such a written request should be made no later than 70 days before the pretrial date to allow time for objections, hearings on the same, and an opportunity to reset the examination.

Page 33 | Request for, Objections to, and Hearings on

Orders are handled in the order received unless an emergent need warrants otherwise.

Orders are addressed in the order in which they were received unless there is an emergent need for the order (such as the cancellation of a foreclosure sale).

Page 21 | D. Submissions of Orders and Judgments

The expected turnaround for an order to be entered or rejected is 14 business days.

Due to the number of proposed orders for the Court's review, the expected turnaround time for an Order to be entered or rejected is fourteen (14) business days.

Page 22 | D. Submissions of Orders and Judgments

Service and Proof of Service Rules

A notice of hearing must be filed and served within 24 hours after hearing time is reserved.

A notice of hearing must be filed and served within 24 hours after reserving hearing time.

Page 6 | B. SCHEDULING PROCEDURES

A party scheduling a hearing must notify all interested parties, including parties who have been defaulted.

Any party scheduling a hearing MUST provide notice to all interested parties, even if defaulted by the court.

Page 7

An appointed Guardian Ad Litem must receive notice of the hearing.

A Guardian Ad Litem appointed in the case must be given notice of the hearing.

Page 7

A notice of cancellation must be filed and immediately served on opposing counsel and any self-represented litigant, with a copy provided to the Judicial Assistant.

You must also immediately file and serve a notice of cancellation on opposing counsel and any self-represented litigant and provide a copy to the judicial assistant.

Page 9 | Cancelling Hearings

When the other party is self-represented, send the proposed order simultaneously to that party and the Court, state that objections must be submitted in writing within five days, and do not characterize the order as agreed.

If the other party is pro se, a copy of the proposed order is to be sent simultaneously to the pro se party and to the court with a cover letter stating that the pro se party must voice any objections in writing to the court within five (5) days. IF THIS OCCURS, DO NOT REPRESENT TO THE COURT THAT THE ORDER IS AN AGREED ORDER.

Page 22 | D. Submissions of Orders and Judgments

Copies are provided by e-service through the Florida Courts E-Filing Portal, and the moving party must serve non-registered parties.

Copies provided via e-service only through the Florida Courts E-Filing Portal. The Moving party is responsible for the service of all non-registered parties.

Page 23 | D. Submissions of Orders and Judgments

The motion to withdraw and any hearing notice must be provided to the client at the client’s last known address.

Motions to Withdraw must comply with Fla. R. Jud. Admin. 2.505(f)(1). This means that a copy of the motion and any notice of hearing on the motion must be provided to the client who is the subject of counsel’s Motion to Withdraw, at the client’s last known address.

Page 27 | K. Other Division Procedures — Motion to Withdraw as Counsel

The moving party must serve the presiding judge with the motion when it is filed.

The moving party must serve a copy of the motion on the presiding judge at the time the motion is filed.

Page 27 | I. Setting Case for Trial

All experts should be subpoenaed for trial because the Court cannot compel an unsubpoenaed witness to appear.

All experts should be under subpoena for the trial. The Court cannot force a witness to appear who is not under subpoena.

Page 37 | Subpoenas

Retained experts must be produced for discovery deposition without the necessity of a subpoena. If specific items are to be brought to the deposition by the retained expert witness, opposing counsel must be notified in writing sufficiently in advance of the deposition pursuant to time limits set forth in Rule 1.310, Fla. R. Civ. Pro. in order to produce said items or documents. Otherwise, unretained experts are required to be produced.

Retained experts must be produced for discovery deposition without the necessity of a subpoena. If specific items are to be brought to the deposition by the retained expert witness, opposing counsel must be notified in writing sufficiently in advance of the deposition pursuant to time limits set forth in Rule 1.310, Fla. R. Civ. Pro. in order to produce said items or documents. Otherwise, unretained experts are required to be produced.

Page 37 | Subpoenas

Digital evidence copies were emailed to the Court’s judicial assistant and the opposing party.

digital copies of the evidence were emailed to the Court’s judicial assistant as well as the opposing party.

Page 41 | Notice of Compliance re: Evidence for Hearings

The moving party is responsible for serving all non-registered parties.

The moving party is responsible for the service of all non-registered parties.

Page 45 | ORDER ON MOTIONS TO WITHDRAW AS COUNSEL

Copies must be provided by e-service only through the Florida Courts E-Filing Portal.

Copies provided via e-service only through the Florida Courts E-Filing Portal.

Page 45 | ORDER ON MOTIONS TO WITHDRAW AS COUNSEL

Within five days after e-service of the Order, the Plaintiff must mail a first-class, postage-paid copy to each self-represented party.

It is further ADJUDGED that within five days from the date of eservice of this Order, the Plaintiff shall: Furnish a copy of this Order to each self-represented party by U.S. Mail, first class, postage paid; and

Civil cases

Page 1 | PRETRIAL CONFERENCE ORDER

A true and correct copy of the notice is furnished to the listed parties by U.S. Mail or through the e-filing portal, with the service date stated.

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via U.S. Mail or via the e-filing portal to the parties listed below on DATE OF SERVICE (MM-DD-YYYY):

Page 41 | Notice of Compliance re: Evidence for Hearings

Until an attorney appears for the party, future notices must be directed to that party at the listed contact information.

Unless, and until an attorney enters an appearance on behalf of the Plaintiff/Defendant (choose one or insert the client’s name), all future notices shall be directed to Plaintiff/Defendant (choose one or insert the client’s name) at: _______ [insert address, email, phone, etc. __________________.

Page 46 | ORDER ON MOTIONS TO WITHDRAW AS COUNSEL

Courtesy Copy Requirements

Trial briefs are optional, but if submitted, hard and electronic courtesy copies must be delivered to the Judge’s chambers at least three business days before trial.

Trial Briefs are not required, however, do the parties understand that if you choose to submit them, courtesy hard and electronic copies must be delivered to the Judge’s 29 chambers at least three (3) business days before trial to allow time for review?

Civil cases

Page 8 | Pretrial Conference Checklist

Provide copies of case law and other documents to the Court for a hearing where case law will be presented.

Copies of case law and other documents shall be provided to the Court for any hearing where case law will be presented.

Page 23 | E. Courtesy Copies of Case Law and Other Documents

Email materials fewer than 50 pages to the judicial assistant with directions to forward them to the Judge.

Copies of material less than 50 pages shall be emailed to the JA with directions to forward the information to the Judge.

Page 23 | E. Courtesy Copies of Case Law and Other Documents

Submit all materials at least 10 days before the scheduled hearing.

All materials MUST be submitted at least 10 days prior to the scheduled hearing.

Page 24 | E. Courtesy Copies of Case Law and Other Documents

Mail two sets of all evidentiary-hearing exhibits to the Court, one for the Clerk and one for the Judge.

Two sets of ALL evidentiary hearing exhibits MUST be physically mailed to the Court. One set is for the Clerk of Court, and the other set is for the Judge.

Page 24 | G. Exhibits for Evidentiary Proceedings (Includes Trials)

Mail materials exceeding 50 pages to the judicial assistant.

Materials in excess of 50 pages must be mailed to the JA.

Page 24 | E. Courtesy Copies of Case Law and Other Documents

Two physical copies of the evidence to be relied upon must be delivered to the Court’s chambers at least three business days before the hearing.

on COMPLIANCE DATE (MM-DD-YYYY), which is at least three (3) business days prior to the hearing in this matter scheduled for HEARING DATE (MM-DD-YYYY) at TIME (XX:XX a.m. / p.m.) two (2) physical copies of the evidence to be relied upon by Party A was delivered to the Court’s chambers

Page 41 | Notice of Compliance re: Evidence for Hearings

Do not provide documents already filed in the court file; parties must be prepared to identify the filing date and docket number, not the e-filing number.

However, DO NOT provide any document that has been filed in the court file. If the document is filed in the court file, the parties must be able to inform the Court of the date the document was filed and the docket number. The e-filing number is NOT the docket number.

Page 23 | E. Courtesy Copies of Case Law and Other Documents

Do not provide materials to the Court on thumb drives or through Dropbox links.

DO NOT provide thumb drives or Dropbox links to the Court.

Page 23 | E. Courtesy Copies of Case Law and Other Documents

Do not send copies of materials viewable in the case file unless specifically requested.

Unless specifically requested, do not send copies of materials viewable in the case file.

Page 24 | E. Courtesy Copies of Case Law and Other Documents

Late materials may not be reviewed or may significantly delay the Court’s ruling.

Failure to timely submit the materials means that the materials may not be reviewed by the Court or may significantly delay a ruling by the Court.

Page 24 | E. Courtesy Copies of Case Law and Other Documents

Do not send materials both by email and in a binder.

DO NOT SEND MATERIALS BY EMAIL AND A BINDER.

Page 24 | E. Courtesy Copies of Case Law and Other Documents

Filing Bundling Requirements

For a matter scheduled for a hearing, do not submit a proposed order until after the hearing and the Court has ruled.

DO NOT SUBMIT A PROPOSED ORDER ON A MATTER SCHEDULED FOR A HEARING UNTIL AFTER THE HEARING AND THE COURT HAS RULED.

Page 20 | D. Submission of Orders and Judgments

Do not submit the same proposed order multiple times unless the Court specifically requests it.

DO NOT MAKE MULTIPLE SUBMISSIONS OF THE SAME PROPOSED ORDER TO THE COURT’S PROPOSED ORDER QUEUE UNLESS SPECIFICALLY REQUESTED BY THE COURT TO DO SO.

Page 21 | D. Submissions of Orders and Judgments

Pre-Motion Conference Requirements

For non-dispositive motions, interested attorneys must meet and confer before filing, before scheduling a hearing, and at least 10 days before the hearing.

(1) Before filing a non-dispositive motion, a meet and confer must be conducted by and between all interested attorneys. (2) Before scheduling a hearing on any non-dispositive motion, a meet and confer must be conducted by and between all interested attorneys. (3) At least 10 days before the scheduled hearing on any non-dispositive motion, a meet and confer must be conducted by and between all interested attorneys.

Page 11 | MEET AND CONFER REQUIREMENT

Counsel with authority to resolve the matter must substantively meet and confer in good faith before scheduling a motion hearing, and the hearing notice must include a Certificate of Compliance.

Counsel with full authority to resolve the matter shall also confer before scheduling the hearing on the motion to attempt to resolve or otherwise narrow the issues raised in the motion and include a Certificate of Compliance (see below) that the conference has occurred in the Notice of Hearing filed with the court. It shall be the responsibility of counsel who schedules the hearing to arrange the conference. The phrase "meet and confer" requires a substantive conversation in person or by telephone or video conference in a good faith effort to resolve the motion without the need to schedule a hearing and does not envision an exchange of ultimatums by fax, e-mail, or letter. Counsels who merely attempt to confer have not conferred.

Page 13 | Meet and Confer

If opposing counsel cannot be reached after three good-faith attempts on different non-consecutive days over at least two weeks, the hearing notice's Certificate of Compliance must identify the contact-attempt dates and times.

If counsel who notices the hearing is unable to reach opposing counsel to conduct the conference after three (3) good faith attempts on different non-consecutive days over a period of not less than two (2) weeks, counsel who notices the hearing must identify in the Certificate of Compliance the dates and times of the efforts made to contact opposing

Page 13 | Meet and Confer

A request for a witness to appear remotely must be made in advance by motion filed with the court and demonstrate good cause.

The remote appearance of witnesses may also be requested in advance by a motion filed with the court, demonstrating good cause.

Page 19 | Evidentiary Hearings/Trials

Remote appearance may be requested in advance by motion filed with the court, demonstrating good cause.

Remote appearance may be requested in advance by motion filed with the court, demonstrating good cause.

Page 19 | Evidentiary Hearings/Trials

In a residential foreclosure case where the owner filed a responsive pleading, mediation must occur before the summary-judgment hearing.

Any case where the owner filed a responsive pleading MUST BE mediated before a hearing for a Motion for Summary Judgment.

Page 28 | K. Other Division Procedures — Motion for Summary Judgment (Residential Foreclosure)

A meaningful good-faith meet and confer must address the motion’s issues, not merely hearing scheduling or whether opposing counsel agrees with the requested relief.

The movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion. It is not a meaningful or good-faith meet and conferral if the only thing discussed is the scheduling of a hearing on the motion or whether or not opposing counsel agrees with the relief sought by the motion.

Page 11 | Duty to meet and confer – defined:

An attempt to meet and confer requires email and phone communications on at least three separate occasions on different, non-consecutive days over two weeks.

An attempt to meet and confer includes communication by email and phone call, made on at least three (3) separate occasions, on different, non-consecutive days, over the course of two (2) weeks.

Page 12 | MEET AND CONFER REQUIREMENT

Conferral is not required before filing the listed motions or matters.

CONFERRAL IS NOT REQUIRED PRIOR TO FILING THE FOLLOWING MOTIONS: (1) Motions to withdraw as Counsel of Record (2) for time to extend the service of the initial process; (3) for default; (4) for injunctive relief; (5) for judgment on the pleadings; (6) for summary judgment; (7) to dismiss for failure to state a claim on which relief can be granted; (8) to permit maintenance of a class action; (9) to involuntarily dismiss an action; (10) to dismiss for failure to prosecute; (11) for directed verdict and motions filed under Rule 1.530; (12) for garnishment, attachment, or other motions for enforcement of a judgment under Rule 1.570; (13) for writ of possession under rule 1.580; (14) filed in actions proceeding under section 51.011, Florida Statutes; (15) for a motion to withdraw as counsel of record (that is, between the attorney and his/her client) and (16) matters that do not require notice to the other party under statute or rule.

Page 13 | Conferral Is Not Required Prior to Filing the Following Motions

A motion is not required to obtain a case management conference.

A Motion for a case management conference is not necessary.

Page 19 | Other Remote Appearance Procedures—Case Management Conferences

Adjournment & Extension Requirements

For a court-scheduled matter, a continuance is disfavored, requires good cause, and must be requested at least five days before the court date.

If the matter is scheduled by the court, continuances are disfavored and will be granted only upon good cause shown. A request for a continuance must be submitted at least five (5) days before the scheduled court date.

Page 9 | Continuance Procedure

A party seeking to continue a hearing that it scheduled must complete the rescheduling procedure at least five days before the hearing.

This must be done at least five (5) days before the scheduled hearing.

Page 9 | Continuance Procedure

After the pretrial conference, the Court will not continue the trial because a party is unavailable unless the witness’s unavailability resulted from unforeseen circumstances, such as a later accident or hospitalization.

IF IT IS LEARNED THAT A PARTY IS NOT AVAILABLE FOR TRIAL AFTER THE PRETRIAL CONFERENCE HAS BEEN HELD, THE COURT WILL NOT CONTINUE THE TRIAL UNLESS THE UNAVAILABILITY OF THE WITNESS WAS DUE TO UNFORESEEN CIRCUMSTANCES (such as an accident or hospitalization that occurred after the pretrial conference).

Page 26 | H. Pretrial Procedures and Conferences

A continuance motion must be written and signed by counsel for the parties, and must comply with Rule 1.200(e) for a projected trial date or Rule 1.460 after a Trial Order issues.

Any motion for continuance must be made in writing, signed by counsel for the parties, and shall comply with Fla. R. Civ. P. 1.200(e) if the trial date is projected OR 1.460 if a Trial Order has been issued.

Page 29 | MOTIONS TO CONTINUE PRETRIAL/TRIAL and MOTIONS TO EXTEND CASE MANAGEMENT DEADLINES

Opposed motions to continue case management, pretrial, or trial must be heard at Short Matters unless addressed at Pre-Trial.

Opposed motions for Continuance of Case Management, Pre-Trial, and/or Trial must be heard at Short Matters unless addressed at Pre-Trial.

Page 29 | MOTIONS TO CONTINUE PRETRIAL/TRIAL and MOTIONS TO EXTEND CASE MANAGEMENT DEADLINES

Motions to extend a deadline, amend a case management order, or alter a projected trial period must state the reason and when it became known, opposition status, the requested date and whether it is agreed, and the actions and dates needed to meet it.

Any motion to extend a deadline, amend a case management order, or alter a projected trial period must specify: (A) the basis of the need for the extension, including when the basis became known to the movant; (B) whether the motion is opposed; (C) the specific date to which the movant is requesting the deadline or projected trial period be extended, and whether that date is agreed by all parties; and (D) the action and specific dates for the action that will enable the Page 29 of 49 ===== PAGE 30 ===== movant to meet the proposed new deadline or projected trial period, including, but not limited to, confirming the specific date any required participants, such as third-party witnesses or experts, are available.

Page 29 | MOTIONS TO CONTINUE PRETRIAL/TRIAL and MOTIONS TO EXTEND CASE MANAGEMENT DEADLINES

Every continuance motion, including an agreed motion, must specifically state the reason and when it became known, opposition status, actions and dates needed to be ready for trial, and the proposed readiness date and whether it is agreed.

All motions for continuance, even if agreed, must state with specificity: (1) the basis of the need for the continuance, including when the basis became known to the movant; (2) whether the motion is opposed; (3) the action and specific dates for the action that will enable the movant to be ready for trial by the proposed date, including, but not limited to, confirming the specific date any required participants, such as third-party witnesses or experts, are available; and (4) the proposed date by which the case will be ready for trial, and whether that date is agreed by all parties.

Page 30 | MOTIONS TO CONTINUE PRETRIAL/TRIAL and MOTIONS TO EXTEND CASE MANAGEMENT DEADLINES

A trial-continuance motion must be written unless made at trial and, absent good cause, must be signed by the named party requesting it.

A motion to continue trial must be in writing unless made at a trial and, except for good cause shown, must be signed by the named party requesting the continuance.

Page 30 | MOTIONS TO CONTINUE PRETRIAL/TRIAL and MOTIONS TO EXTEND CASE MANAGEMENT DEADLINES

Case-management deadlines are strictly enforced unless changed by court order; an agreed extension order is allowed only if remaining dates can still be met, and an extension that may affect a later deadline requires amendment of the case management order.

Deadlines in a case management order must be strictly enforced unless changed by court order. Parties may submit an agreed order to extend a deadline if the extension does not affect the ability to comply with the remaining dates in the case management order. If extending an individual case management deadline may affect a subsequent deadline in the case management order, parties must seek an amendment of the case management order, rather than submitting a motion for extension of an individual deadline.

Page 30 | MOTIONS TO CONTINUE PRETRIAL/TRIAL and MOTIONS TO EXTEND CASE MANAGEMENT DEADLINES

Changing an actual trial period requires compliance with Rule 1.460, while changing a projected trial period follows Rule 1.200(e)(3).

Once an actual trial period is set, the parties must satisfy the requirements of rule 1.460 to change that period. During the time a trial period is still a projection, the parties may seek to change the projected trial period through the process in subdivision (e)(3).

Page 30 | MOTIONS TO CONTINUE PRETRIAL/TRIAL and MOTIONS TO EXTEND CASE MANAGEMENT DEADLINES

A motion to continue or extend case-management deadlines must explain the reason and when the need became known, the outstanding tasks and their timing, the opposing party’s position, and when all parties will be ready for trial; noncompliant motions will be summarily denied.

In short, these rules require that your Motion tell the Court: (1) why you need a continuance, and when did you first learn that you needed a continuance (2) What exactly do you need to do (take a deposition, do a CME, etc.), and when is that matter scheduled, or when can you have those matters completed by (3) Does the opposing party agree, and (4) What date will all parties be ready for trial (trial dates are online or can be obtained from the trial coordinator/case manager) MOTIONS TO CONTINUE OR TO EXTEND CASE MANAGEMENT DEADLINES THAT DO NOT COMPLY WITH THE AMENDED RULES WILL BE SUMMARILY DENIED.

No motion to continue is necessary when the hearing was not set by the Court and the parties agree to continue it.

It is not necessary to file a motion to continue the hearing if the hearing was not set by the Court and the parties agree to continue the hearing.

Page 9 | Continuance Procedure

Chambers Communication Rules

Emails to the judicial office must copy all parties unless the communication is authorized ex parte by law.

All parties must be copied on any e-mail directed to the judicial office, unless an ex parte communication is authorized by law.

Page 5 | A. COMMUNICATIONS WITH THE JUDICIAL OFFICE

Communications with the Court must be emailed to the Judicial Assistant with the case number, case name, and relevant matter in the subject line.

Method of Communications: All communications with the Court must be submitted to my Judicial Assistant via e-mail: Dawn.Stallworth@flcourts18.org. The subject line must contain the case number, case name, and relevant matter (e.g., 2024 CA 0001234 – Doe v. Doe, Motion to Dismiss).

Page 5 | A. COMMUNICATIONS WITH THE JUDICIAL OFFICE

The party who cancels a hearing must notify the Judicial Assistant immediately.

You must notify the judicial assistant immediately.

Page 9 | Cancelling Hearings

A copy of a filed motion to dismiss must be emailed to the Judicial Assistant within 20 days after filing.

If a Motion to Dismiss is filed, a copy of the Motion must be emailed to the Judicial Assistant within 20 days of filing.

Page 10 | Other Scheduling Procedures

Send a copy of the Notice of Hearing to the Judicial Assistant.

You must send a copy of your Notice of Hearing to the Judicial Assistant.

Page 19 | Other Remote Appearance Procedures

Email a copy of the Notice of Case Management Conference to the Judicial Assistant at the stated address.

A copy of the Notice of Case Management Conference must be emailed to the Judicial Assistant: Dawn.Stallworth@flcourts18.org

Page 19 | Other Remote Appearance Procedures—Case Management Conferences

A party who believes a motion is an emergency must email a copy to the judicial assistant for review, with the specified subject-line information.

If you feel that your motion is an emergency, you must email a copy of the motion to my Judicial Assistant (Dawn.Stallworth@flcourts18.org) with “Emergency Motion”, the case style, and the case number in the subject line, for the Court’s review.

Page 24 | F. Emergency and Other Urgent Matters

Email the completed motion-to-compel checklist to the Judicial Assistant within 24 hours after scheduling the hearing.

Once completed, send it to the Judicial Assistant via email within 24 hours of scheduling the hearing.

Page 28 | K. Other Division Procedures — Motions to Compel Discovery

Digital copies of the evidence were emailed to the Court’s judicial assistant.

digital copies of the evidence were emailed to the Court’s judicial assistant

Page 41 | Notice of Compliance re: Evidence for Hearings

Paralegals and legal assistants must consult their supervising attorney before contacting the Judicial Assistant.

If you are a paralegal or legal assistant, you must speak to your supervising attorney before contacting the Judicial Assistant.

Page 5 | A. COMMUNICATIONS WITH THE JUDICIAL OFFICE

If you do not receive a response to the email, that means it was not received, and you should follow up.

If you do not receive a response to the email, that means it was not received, and you should follow up.

Page 5 | A. COMMUNICATIONS WITH THE JUDICIAL OFFICE

The Court will not consider unsolicited communications from non-parties, and parties must follow these procedures when contacting the judicial office.

Unsolicited communications from non-parties will not be considered by the court. Parties may only contact the judicial office in accordance with these practices and procedures.

Page 5 | A. COMMUNICATIONS WITH THE JUDICIAL OFFICE

A copy of the amended hearing notice must be emailed to the Judicial Assistant.

An Amended Notice of Hearing must be prepared and filed through the e-filing portal immediately, and a copy must be emailed to the Judicial Assistant.

Page 9 | Continuance Procedure

Do not call the judicial assistant to request a hearing time unless the Court specifically directs you to do so.

DO NOT CALL THE JA TO REQUEST A HEARING TIME UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.

Page 11 | MATTERS REQUIRING A HEARING

Unrepresented parties may email the Judicial Assistant to schedule a hearing after coordinating a date with the opposing party.

Only if you are not represented by an attorney, please email the judicial assistant to schedule a hearing once you have coordinated a date with the opposing party.

Page 17 | B. Scheduling Procedures

Do not contact the Judicial Assistant for hearing time unless a pro se litigant cannot schedule through JACS or the Court specifically permits the contact.

DO NOT CONTACT THE JUDICIAL ASSISTANT TO ASK FOR HEARING TIME UNLESS YOU ARE A PRO SE LITIGANT WHO HAS BEEN UNABLE TO SCHEDULE THE HEARING THROUGH JACS, OR THE COURT HAS SPECIFICALLY INDICATED THAT YOU MAY ASK THE JUDICIAL ASSISTANT FOR HEARING TIME.

Page 17 | B. Scheduling Procedures

A copy of an Amended Notice or Cross Notice of Hearing is emailed to the Judicial Assistant.

Amended Notices and/or a Cross Notice of Hearing are e-filed and that a copy is emailed to the Judicial Assistant.

Page 17 | B. Scheduling Procedures

Connection and equipment tests may be requested by email at least five days before the hearing.

The Judicial Assistant is available upon request to test your connection and equipment in advance. Please send a test request via email at least 5 days prior to your hearing.

Page 18 | C. Remote Appearance

Do not email proposed orders to the Judicial Assistant unless specifically requested.

Do not email proposed orders to the JA unless specifically requested.

Page 20 | D. Submission of Orders and Judgments

Generally, do not contact the Court about an order’s status before 14 days have passed unless the order is urgently needed.

IT GENERALLY TAKES ABOUT 14 DAYS TO PROCESS ORDERS, SO DO NOT CONTACT THE COURT ABOUT THE STATUS OF AN ORDER BEFORE 14 DAYS UNLESS THERE IS AN EMERGENT NEED FOR THE ORDER (SUCH AS THE CANCELLATION OF A FORECLOSURE SALE).

Page 21 | D. Submissions of Orders and Judgments

After filing a rehearing or reconsideration motion, a copy may be emailed to the Judicial Assistant for review; do not schedule a hearing unless the Court approves it first.

Once a Motion for Rehearing, or Motion for Reconsideration, is filed, a copy can be emailed to the Judicial Assistant for the Judge to review. The Judge will either make a ruling on the motion, without a hearing, and copies will be sent out, or the Judicial Assistant will contact your office to let you know to set a hearing on JACS. Do not set a hearing unless you receive approval first.

Page 28 | K. Other Division Procedures — Motions for Rehearing or Motions for Reconsideration

The Judicial Assistant’s email address is provided for communications with the judicial office.

JUDICIAL ASSISTANT: DAWN STALLWORTH DAWN.STALLWORTH@FLCOURTS18.ORG

Page 1 | Judicial Practices and Procedures

Calling the Judicial Assistant is permitted, but email is the preferred method of communication.

While you may call my JA, the best method of communication is e-mail.

Page 5 | A. COMMUNICATIONS WITH THE JUDICIAL OFFICE

If unable to connect to the virtual hearing, participants may use the backup telephone line for emergencies only.

1 Safari will not work with Microsoft Teams; if you are connecting through Apple products you will need to download the free app. For emergency purposes only, if you cannot connect, the backup telephone line is +1 386-310-1754; conference ID: 373 382 742#

Page 39 | Judge Goerner’s Virtual Hearing Instructions

Court-wide rules

Applies court-wide

These 218 rules apply across Eighteenth Judicial Circuit of Florida, Brevard and Seminole Counties. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 90
  • Applies to
    Extradition waiver

    An extradition waiver must be written, executed before a judge, and state that the person consents to return to the demanding state.

  • Applies to
    Probable cause arrest affidavit

    Probable-cause arrest affidavits for probation or community-control violations must include the specified supervision and case information; unsupported database assertions are insufficient.

  • Applies to
    Probable cause finding

    A probable-cause finding must be written, signed by the first appearance judge, and filed with the evidence supporting it.

Communication

All 37
  • Contact
    Email

    A party canceling a hearing must email the Court a copy of the Notice of Cancellation at the same time it is filed.

  • Contact
    Email to chambers

    Email is the most effective way to communicate with the Court, but emails to a Judicial Assistant must not include legal argument or substantive discussion of case facts.

  • Contact
    Email to chambers

    For additional information or assistance, contact the judicial assistant by email.

Formatting

All 21
  • Exhibits must be pre-marked with stickers identifying the offering party, hearing date, and case number.

  • Each exhibit must be marked in sequence with an identifying letter.

  • DJMCA date and signature codes must be used in pairs, placed alone on a line without spaces or tabs, aligned using Word’s alignment features, written in four uppercase letters, and used only once per line.

Service

All 19
  • Applies to
    Complaint or arrest report and bail documents

    Before first appearance, the clerk must provide the state attorney and the public defender or present private counsel copies of the complaint or arrest report and documents the judge used to set bail.

  • A release for failure to meet specified time periods requires a judge’s order and notice to the state; at daily first appearance hearings, receipt of the docket copy by the state attorney satisfies notice.

  • Applies to
    Complaint related documents and clerk minutes

    Correctional officers must give each defendant scheduled for first appearance copies of the complaint, related documents, and the clerk’s minutes setting the next court date.

About Judge Donna M. Goerner
  • Elected Circuit Judge of the Eighteenth Judicial Circuit in August 2020; sworn in January 5, 2021.
  • Served in the Juvenile Division from January 2021 to July 2022, the Criminal Division from July 2022 to July 2024, and the Civil Division from July 2024 to present.
  • University of Florida A.A., 1990; B.S. in Finance, 1992; University of Florida College of Law J.D., 1995.
  • Board Certified in Criminal Trial Law since 2012.
  • Received the Irving Awerman Outstanding Trial Attorney of the Year award in 2001 and 2002.
  • Location: Seminole Civil Courthouse, Sanford, Seminole
  • Address: 301 N. Park Avenue, Sanford, FL 32771-1243
  • Phone (judicial assistant): (407) 665-4218
  • Email (judicial assistant): Dawn.Stallworth@flcourts18.org
  • Email (case manager): DivisionGCM@flcourts18.org
  • Judicial assistant: Dawn Allen-Stallworth
Common questions about Judge Donna M. Goerner's rules

Are courtesy copies required for Judge Donna M. Goerner?

Courtesy-copy rule applies for trial briefs. Details: delivery at least 3 business days before trial. Trial briefs are optional, but if submitted, hard and electronic courtesy copies must be delivered to the Judge’s chambers at least three business days before trial.

View ruleSource: page 8, section Pretrial Conference Checklist

Does Judge Donna M. Goerner require a pre-motion conference or letter before filing a motion?

Counsel with authority to resolve the matter must substantively meet and confer in good faith before scheduling a motion hearing, and the hearing notice must include a Certificate of Compliance.

View ruleSource: page 13, section Meet and Confer

What formatting rules apply to filings before Judge Donna M. Goerner?

Judge Donna M. Goerner's formatting rule includes word format. Submit all proposed orders to the Court in Word format.

View ruleSource: page 20, section D. Submission of Orders and Judgments

What must be included with filings before Judge Donna M. Goerner?

Stipulations, admissions, agreements, and waivers must be in writing to be enforceable by the Court.

View ruleSource: page 7, section Pretrial Conference Checklist

What must be included with motion filings before Judge Donna M. Goerner?

The rule requires proposed order. A motion requesting virtual trial appearance for a witness must be accompanied by a proposed order.

View ruleSource: page 19, section C. Remote Appearance

How may parties contact Judge Donna M. Goerner's chambers?

Email the completed motion-to-compel checklist to the Judicial Assistant within 24 hours after scheduling the hearing.

View ruleSource: page 28, section K. Other Division Procedures — Motions to Compel Discovery

How do I request an adjournment or extension before Judge Donna M. Goerner?

For a court-scheduled matter, a continuance is disfavored, requires good cause, and must be requested at least five days before the court date.

View ruleSource: page 9, section Continuance Procedure

Does Judge Donna M. Goerner require motion papers to be bundled?

For a matter scheduled for a hearing, do not submit a proposed order until after the hearing and the Court has ruled.

View ruleSource: page 20, section D. Submission of Orders and Judgments

Is electronic filing required before Judge Donna M. Goerner?

Attorneys and self-represented litigants must provide an email address for electronic order signing unless excused.

View ruleSource: page 5, section A. COMMUNICATIONS WITH THE JUDICIAL OFFICE

What filing deadlines does Judge Donna M. Goerner set?

A hearing must be requested immediately for any filed objection.

View ruleSource: page 33, section Request for, Objections to, and Hearings on

What service or proof of service rules apply before Judge Donna M. Goerner?

Retained experts must be produced for discovery deposition without the necessity of a subpoena. If specific items are to be brought to the deposition by the retained expert witness, opposing counsel must be notified in writing sufficiently in advance of the deposition pursuant to time limits set forth in Rule 1.310, Fla. R. Civ. Pro. in order to produce said items or documents. Otherwise, unretained experts are required to be produced.

View ruleSource: page 37, section Subpoenas
Complete rules summary for Judge Donna M. Goerner

Trial briefs are optional, but if submitted, hard and electronic courtesy copies must be delivered to the Judge’s chambers at least three business days before trial.

Stipulations, admissions, agreements, and waivers must be in writing to be enforceable by the Court.

If unable to connect to the virtual hearing, participants may use the backup telephone line for emergencies only.

Do not attach the motion to the cover letter accompanying a proposed order.

Email the completed motion-to-compel checklist to the Judicial Assistant within 24 hours after scheduling the hearing.

Retained experts must be produced for discovery deposition without the necessity of a subpoena. If specific items are to be brought to the deposition by the retained expert witness, opposing counsel must be notified in writing sufficiently in advance of the deposition pursuant to time limits set forth in Rule 1.310, Fla. R. Civ. Pro. in order to produce said items or documents. Otherwise, unretained experts are required to be produced.

A motion requesting virtual trial appearance for a witness must be accompanied by a proposed order.

Do not send materials both by email and in a binder.

An examination objection must state its specific reasons.

A hearing must be requested immediately for any filed objection.

The Judicial Assistant’s email address is provided for communications with the judicial office.

Calling the Judicial Assistant is permitted, but email is the preferred method of communication.

Emails to the judicial office must copy all parties unless the communication is authorized ex parte by law.

The Court will not consider unsolicited communications from non-parties, and parties must follow these procedures when contacting the judicial office.

Paralegals and legal assistants must consult their supervising attorney before contacting the Judicial Assistant.

A notice of hearing must be filed and served within 24 hours after hearing time is reserved.

A notice of hearing for a remote appearance must list the judicial Microsoft Teams credentials and include the required ADA notification.

A notice of hearing must identify the matters to be heard and provide the motion’s docket number and filing date.

Attorneys and self-represented litigants must provide an email address for electronic order signing unless excused.

Self-represented litigants are encouraged to register for the E-filing portal to receive and file documents electronically.

A notice for a Status Hearing must specify the issues to be addressed.

All hearing notices must include virtual-appearance instructions, prominently display “MICROSOFT TEAMS,” and include the virtual link information, or the hearing will be removed from the docket.

A hearing notice must state whether the hearing will be virtual or in person.

A party scheduling a hearing must notify all interested parties, including parties who have been defaulted.

A notice of hearing on a motion to withdraw as counsel must comply with Rule 2.505(f)(1), including notifying the client at the client’s last known address, or the hearing will be cancelled.

An appointed Guardian Ad Litem must receive notice of the hearing.

All case management conferences must be noticed in accordance with Florida Rule of Civil Procedure 1.200(j).

The court may cancel a hearing if its notice is improper.

All notices for virtual or remote hearings must include Judge Goerner’s virtual courtroom information.

All materials for a hearing must be received by the court at least ten business days before the hearing.

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