Judge Dan R. Mosley
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Chambers
Page & Word Limits1 rule
G. Page limitation. Absent prior permission of the Court, no party shall file a legal memorandum in excess of 15 pages in length.
- Legal memorandum
- Up to 15 pages
Document Format Requirements10 rules
These forms can be reviewed by counsel and completed by the party to be examined and must be brought to the office of the examiner on the day of the exam.
Written intake forms or histories that are deemed necessary by the examiner must be provided to counsel for the party to be examined no later than 7 days prior to the exam.
Please email all proposed orders to the JA in word format.
- File type
- Word
- Proposed order
All proposed Orders submitted via email, must be submitted in WORD format, accompanied by a proper cover letter, in PDF format.
- File type
- Word
- Proposed order
All applications to the Court requesting relief in any form, the citation of authority and argument shall be made in writing and in compliance with this Order and in appropriate form pursuant to the Florida Rules of Civil Procedure.
Unless directed by the Court, memoranda or argument shall not be presented in “correspondence form”.
If a patient information sheet was forwarded to counsel for the party to be examined at least 7 business days before the examination, the party to be examined should bring the completed information sheet with them.
The proposed order and cover-letter filenames must contain the case number, and filenames for multiple proposed orders must be differentiated.
- Proposed order
- Cover letter
Formatting
- •Include the case number in the proposed-order and cover-letter filenames
- •Differentiate the filenames of multiple proposed orders
Court's wording
The case number must be included in the name of the proposed Order and cover letter (ie. 2015 DR 000001.Order and 2015 DR 00001.letter.) Multiple proposed orders should be differentiated (ie. 2015 DR 000001.Order to Withdraw and 2015 DR 000001.Order of Contempt).
The person being examined should have a form of identification to verify their identity if requested.
The person being examined is not required to bring any medical records, diagnostic films or studies or aids or reports with him/her (2*).
Document Filing Requirements25 rules
If the matter is not resolved at the meet and confer, the attorneys will discuss and provide to the Court the following:
Each party shall provide the opposing counsel and the Court a list of any witnesses to be called at the Daubert hearing and a short summary of their expected testimony and relevance to the issue before the Court.
The proposed orders must contain only the findings and ruling of the Court as announced.
The Certificate of Service must include the prescribed certification of electronic filing and same-day service through the Florida Courts E-Filing Portal.
- Document
- Certificate of service
- Placement
- Certificate section
Court's wording
The Certificate of Service should read as follows: I HEREBY CERTIFY that on this ____ day of _____________, 20__, I electronically filed the foregoing document with the Clerk of Court using the Florida Courts E-Filing Portal. I also certify that the foregoing document is being served this day on all counsel of record and interested parties, via transmission generated by the Florida Courts E-Filing Portal.
A proposed order involving a self-represented party or a party not served through the E-Filing Portal must include the specified order compelling delivery by first-class mail and filing of a delivery certificate.
Court's wording
If any of the parties are self-represented, and/or do not receive service via the E-Filing Portal, the proposed Orders must contain the following statement: It is further ORDERED that within 5 days from the date of e-service of this Order, the attorney submitting this Order shall furnish a copy of this Order to each self-represented party by U.S. Mail, first class, postage paid; and, file a certificate signed by that attorney that delivery of this Order has been made as set forth herein.
Before submitting a proposed order, the parties must meet and confer regarding the language in the order.
The cover letter must identify the case and submitting party, state whether other counsel or parties received and approved the proposed order, and identify the hearing date or other basis for the order.
Court's wording
The cover letter must contain the following information: The case name and case number must be included in the cover letter. The party on whose behalf you are submitting the proposed order. Whether the proposed order has been submitted to all other counsel/parties in the action for their review and approval. If the form of the order has been approved by all other counsel/parties (a hearing is likely not necessary), and email submission is accepted. If the Order is being submitted pursuant to a hearing, include the date the hearing was held, or what other basis the Order is being sent (stipulation, etc.)
We DO NOT ACCEPT Orders via email that are not ready for immediate entry (allow 5 days to object, etc.). You should obtain approval of opposing counsel or party of the proposed Order prior to your submission to the Judge for entry.
If required to submit a Proposed/Agreed Order, include a cover letter indicating the Judge’s ruling and when the hearing was held, and any other pertinent information.
A moving party must file and serve a legal memorandum with supporting authority with any written motion or other application for an order.
Court's wording
In making any written motion or other application to the Court for the entry of an order of any kind, the moving party shall file and serve with such motion a legal memorandum with citations of authority in support of the relief requested.
at the time of the filing of the motion that she/he has conferred with opposing counsel but has been unable to resolve the dispute.
In addition, counsel shall attach a copy of the correspondence to the motion as an exhibit, thus providing proof that a good faith effort to resolve the discovery dispute was made.
If further argument is needed, counsel must file a reply within 5 days after receiving the opposing memorandum.
Court's wording
If upon receipt of an opposing memorandum, counsel determines further argument of his client’s position is required, counsel shall file a reply within five (5) days of the receipt of the opposing memorandum.
An opposing party must file and serve an opposition legal memorandum within 10 days after being served with the motion or application.
Court's wording
Each party opposing any written motion or other application to the Court shall file and serve, within ten (10) days after being served with such motion or application, a legal memorandum with citations of authority in opposition to the relief requested.
However, this would not negate the requirement that the motion be accompanied by and responded to with memoranda taking into consideration the time frames set forth in Fla. R. Civ. P. 1.510, for filing supporting and opposing affidavits, etc.
1. quote in full each interrogatory, question on deposition, request for admission, or request for production to which the motion is addressed;
2. quote in full the objection and grounds given therefore; and
3. state (with citations of authority) the reason such objection should be overruled or sustained.
A party drafting a court-requested proposed order must present it to the other parties and advise the court whether they agree on its form and content.
Court's wording
In the event one party is drafting a proposed order at the request of the Court, the party shall present the proposed order to the other party or parties and advise the Court as to whether there is an agreement as to the form and content of the proposed order.
Case law not provided to the Court in advance of the hearing will not be reviewed prior to ruling.
All proposed orders submitted must reference the relevant Motions by either: 1) Filing date; or, 2) Docket Identification Number.
A supporting memorandum may be incorporated into the body of the motion but should be clearly titled, "Motion to/for------------and Memorandum of Law."
If a party has no objection to a motion and does not intend to file a responsive memorandum, counsel should file a written notice with the Clerk of the Court so indicating.
The Court may permit oral argument upon the written request of any interested party or upon the Court’s own motion. Requests for oral argument must accompany the motion or opposing legal memorandum and must estimate the time required for argument.
A memorandum of law is not required for the seven listed motion types, subject to the stated good-cause condition for a discovery-extension motion.
Court's wording
The following motions need not be accompanied by a memorandum of law: 1. motion for continuance; 2. motion for default addressed to the Court; 3. motion for confirmation of sale; 4. motion to withdraw or substitute exhibits; 5. motion to proceed informa pauperis; 6. motion for extension of time in which to complete discovery, provided good cause is set forth in the motion; and 7. motion to withdraw or substitute counsel.
Filing & Service rules
Electronic Filing Rules
Agreed orders may be submitted to the judicial assistant by email, but must not be sent by both email and U.S. Mail.
All agreed orders may be submitted through email to the JA at acoluccio@circuit5.org. Do NOT send orders via email AND U.S. Mail. This creates double work.
Civil cases
Page 1 | Procedures — To Submit Proposed Orders
Filing Timing and Cure Windows
When an offered deposition date is within 14 days after the examination, the written report must reach deposing counsel no later than five days before the deposition.
Should any of the dates be within 14 days of the examination the above referred to report shall be provided to deposing counsel no later than 5 days before the deposition date.
Civil cases
Page 4 | Written Reports
When scheduling the examination, the requesting party must give opposing counsel at least three dates when the examiner is available for oral deposition.
The party requesting the examination shall also provide to opposing counsel, at the time the examination is scheduled, no less than three dates when the examiner will be available for oral deposition.
Civil cases
Page 4 | Written Reports
The examining physician or healthcare provider must issue a detailed written report and provide it to all counsel no later than 14 business days after the examination.
Pursuant to Fla. R. Civ. P. 1.360(b) a “detailed written report” will be issued by the examining physician or healthcare provider and provided to all counsel no later than 14 business days after the day of the examination.
Civil cases
Page 4 | Written Reports
After the court announces its ruling, the order must be prepared and submitted to the court and opposing counsel within three business days.
Once a ruling is announced an order must be prepared and submitted to the Court and opposing counsel within three business days of the announced ruling.
Page 2 | PROCEDURES FOR "DAUBERT" TYPE HEARINGS
Supporting and opposing memoranda must be filed, exchanged, and delivered in hard copy to chambers no later than three business days before the scheduled hearing.
Memorandums in support of, or in opposition to, the motion must be filed, exchanged and a hard copy delivered to the judge's chambers not later than 3 business days before the scheduled hearing.
Page 2 | PROCEDURES FOR "DAUBERT" TYPE HEARINGS
Opposing counsel has three additional business days after submission of the proposed order to object and submit a revised order if appropriate.
Opposing counsel shall have three additional business days to object and submit a revised proposed order if appropriate.
Page 2 | PROCEDURES FOR "DAUBERT" TYPE HEARINGS
The prevailing party must submit a proposed or agreed order within one business day after the hearing, although the non-prevailing party may request additional review time.
TIMEFRAME FOR SUBMISSION OF PROPOSED ORDERS:Prevailing party shall submit a Proposed/Agreed Order within one business day of the hearing. The non-prevailing party may have additional time to review if requested, however, the prevailing side may submit their proposed order and cover letter advising the Court if there has been no response within one business day.
Civil cases
Page 1 | Instructions when preparing Motion Practice Procedure Orders — TIMEFRAME FOR SUBMISSION OF PROPOSED ORDERS
The reply period is 5 days from receipt of the opposing memorandum.
If upon receipt of an opposing memorandum, counsel determines further argument of his client’s position is required, counsel shall file a reply within five (5) days of the receipt of the opposing memorandum.
Civil cases
Page 2 | C. Replies
The 10-day response period for an opposition memorandum runs from service of the motion or application.
Each party opposing any written motion or other application to the Court shall file and serve, within ten (10) days after being served with such motion or application, a legal memorandum with citations of authority in opposition to the relief requested.
Civil cases
Page 2 | B. Timely opposing memoranda
Oral argument on a dispositive motion must occur no less than 60 days before the pretrial conference.
ORAL ARGUMENT FOR DISPOSITIVE MOTIONS (including, but not limited to, Motions for Summary Judgment) MUST BE HELD NO LESS THAN 60 DAYS PRIOR TO THE PRETRIAL CONFERENCE.
Civil cases
Page 3 | F. Oral argument
An in limine motion must be filed no later than 15 days before the trial term begins, or the Court may deny it as untimely.
All Motion(s) in Limine Shall be filed no later than 15 days before the start of the trial term or the Court may deny the motion as being untimely.
Civil cases
Page 4 | K. In limine motions
If the parties cannot agree on a proposed order, each must submit its own proposed order to the court within 20 days after the hearing.
If there is no agreement, each party shall submit a proposed order to the Court no later than 20 days following the hearing.
Civil cases
Page 4 | M. Proposed orders
If no hearing order has been received within three days after submitting the proposed order, the submitter should email the judicial assistant.
If you have not received an order on a hearing within three days of submitting the ”Proposed Order,’ please email the JA.
Civil cases
Page 1 | Instructions when preparing Motion Practice Procedure Orders — MISSING AN ORDER?
Failure to respond within the allowed time may result in default relief or a finding of no objection.
Failure to respond within the time allowed may be deemed sufficient cause for granting the motion by default or for the Court to construe that there is no objection to the motion.
Civil cases
Page 2 | B. Timely opposing memoranda
The Court may consider and determine emergency motions at any time, subject to judicial discretion.
Motions of an emergency nature may be considered and determined by the Court in its discretion at any time.
Civil cases
Page 4 | L. Emergency motions
Service and Proof of Service Rules
Hearing materials and case law must be emailed at least five days before the hearing and must not be mailed.
Please email any hearing materials/caselaw at least 5 days prior to the hearing, do not mail them in.
Civil cases
Page 1 | Procedures — Scheduling Hearings
Within five days after electronic service of the order, the submitting attorney must mail it to each self-represented party by first-class mail and file a signed certificate of delivery.
It is further ORDERED that within 5 days from the date of e-service of this Order, the attorney submitting this Order shall furnish a copy of this Order to each self-represented party by U.S. Mail, first class, postage paid; and, file a certificate signed by that attorney that delivery of this Order has been made as set forth herein.
Civil cases
Page 1 | Procedures — To Submit Proposed Orders
A true copy must be furnished by electronic service through the Florida Court’s e-filing portal.
I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the following by electronic service through the Florida Court’s e-filing portal on this _____ day of __________________ 20__.
Civil cases
Page 5 | Certificate of Service
Pre-Motion Conference Requirements
Counsel must meet and confer after filing and serving the detailed Daubert motion, and file a certification of that meeting by the Notice of Hearing.
Once the detailed motion has been filed and served on opposing counsel, counsel must meet and confer. A certification of the meeting pursuant to this order must be filed before, or no later than, the Notice of Hearing.
Page 1 | PROCEDURES FOR "DAUBERT" TYPE HEARINGS
Before filing the specified discovery motions, counsel must confer and correspond with opposing counsel in a good-faith effort to resolve the issues by agreement.
Before filing a Motion to Compel pursuant to Fla. R. Civ. P.1.380, or a Motion for Protective Order pursuant to Fla. R. Civ. P. 1.280(c), counsel shall confer and correspond with counsel for the opposing party in a good faith effort to resolve by agreement the issues raised,
Civil cases
Page 2 | D. Discovery motions accompanied by good faith certification
A motion for summary judgment must be set for a hearing.
For example, under Fla. R. Civ. P. 1.510, Motions for Summary Judgment must be set for hearing.
Civil cases
Page 3 | F. Oral argument
The parties must confer and attempt to resolve by agreement the issues raised in their in limine motions.
The parties shall confer and attempt to reach an agreement as to the issues raised in the Motion(s) in Limine filed.
Civil cases
Page 4 | K. In limine motions
Chambers Communication Rules
Request hearing dates by email and wait for confirmation that the date remains available before filing the Notice of Hearing.
Please email the JA at acoluccio@circuit5.org to request dates for a hearing. All dates are first come first serve, so please wait for confirmation that the date is still available prior to filing your Notice of Hearing.
Civil cases
Page 1 | Procedures — Scheduling Hearings
Counsel should advise the Judicial Assistant how much time will be needed if establishing a reasonable expert fee may require an evidentiary hearing.
Be sure to advise the Judicial Assistant as to how much time will be needed.
Civil cases
Page 5 | Expert Fees and Charges