Fifth Judicial Circuit of Florida, Citrus, Hernando, Lake, Marion and Sumter Counties Filing Timing and Cure Windows

CRITICALCivil cases

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.

CRITICAL

A proposed order submitted before the motion and supporting documents are docketed will be rejected and must be resubmitted after docketing.

Proposed orders submitted before the documents are in the court file will be rejected/returned to you with instructions to resubmit after the supporting documents have been docketed.

CRITICAL

Orders and judgments lacking proper service language or correct capital-letter codes without spaces will be rejected for correction and resubmission.

Please note that orders and judgments that do not contain the proper language for service and correct codes in capital letters without spaces will be rejected with instructions to correct and resubmit.

CRITICAL

The Notice of Hearing may not be filed until the booking request receives approval.

YOU MUST FILE A NOTICE OF HEARING UPON RECEIVING THE BOOKING APPROVAL.

CRITICAL

An incorrectly formatted proposed order will be rejected without judicial signature.

Orders that are not correctly formatted will be rejected unsigned.

CRITICALCriminal cases

Jury instructions are due by email at 5:00 p.m. on the Friday before the trial date.

Jury Instructions shall be circulated between the ASA and defense attorney and submitted to the Court via email with both parties included, the Friday before the trial date by 5:00pm.

CRITICALCivil cases

When opposing counsel objects and intends to submit a competing order, the proposed order must be submitted immediately.

If opposing counsel objects and intends to present a competing order, the proposed order must be submitted immediately, in Word format, with a notation in the email that it is a competing order.

CRITICAL

A scheduling request remains unconfirmed until the court confirms the date and time, and no Notice of Hearing may be filed or served before that confirmation.

Selecting a time submits a request; it does not confirm a hearing or place the hearing on the Court’s calendar. Do not file or serve a Notice of Hearing until the Court confirms the date and time.

CRITICAL

An email-coordinated hearing date is not secured until reconfirmed, after which the Notice of Hearing must be filed and served within 24 hours.

When parties coordinate a hearing date and time by email with the Judicial Assistant, the agreed-upon date and time are not secured until the Judicial Assistant reconfirms that they remain available. Once the Judicial Assistant reconfirms availability, the scheduling party must file and serve the Notice of Hearing within twenty-four (24) hours.

WARNING

Deadline

3 business days

The clerk has three business days to accept an order e-filed from the judge's office.

The Clerk’s office has 3 business days to accept the e-filing of an order, from the Judge’s office.

WARNING

The clerk requests at least five days to docket electronically filed documents in the computer file.

The clerk requests a minimum of five (5) days to docket E-filed documents to the file (computer file).

WARNING

All time calculations under the motion-practice order are governed by Florida Rule of Civil Procedure 1.090.

15. Time calculations. All time calculations herein shall be subject to Rule 1.090, Fla. R. Civ. P.

WARNING

After an order or judgment is rejected, the Court will take no further action until the submitting party corrects and resubmits it.

Once an order/judgment is rejected no further action will be taken until the submitting party corrects it and resubmits it.

WARNING

Deadline

2 business days

A filer must allow two business days for a response and await the confirmation email before preparing the Notice of Hearing.

Please allow 2 business days for a response to your request and please wait for your confirmation email before preparing your Notice of Hearing.

WARNING

Deadline

3 business days

The Clerk has three business days to accept an order e-filed from the judge’s office.

The Clerk’s office has 3 business days to accept the e-filing of an order from the Judge’s office.

WARNING

Deadline

10 calendar days

Probate proposed orders are held for 10 days pending all documentation, after which the submitted materials may be destroyed.

Proposed orders received will be held for ten (10) days pending receipt of all applicable documentation. After that time, the documents submitted with the cover letter may be destroyed.

INFO

Deadline

2 business days

Proposed orders submitted through the eservice portal are typically processed within two business days.

Orders should be submitted by eservice portal and are typically dealt with within 2 business days.

INFO

Ten days should be allowed for orders to be processed.

Other Communication Procedures: Please allow 10 days for orders to be processed.

CRITICAL

Deadline

3 business days

Pre-marked evidence and documents must be provided to all parties and the court no more than three business days before the hearing.

If you intend to present evidence or documents to the court, you must pre- mark all items for identification and provide to all parties and the Court (at the above email address) no more than three (3) business days prior to the hearing.

CRITICAL

Deadline

10 business days

The hearing-participant list must be submitted through the Florida E-Filing Portal no later than ten business days before the hearing.

Provide the court, via the Florida E-Filing Portal, with a list of people who are expected to participate in the hearing no less than ten (10) business days prior to the hearing.

CRITICAL

Deadline

48 hours

The identification-document filing must occur through the Florida E-Filing Portal no later than 48 hours before the hearing.

Non-represented parties and witnesses must file a copy of their driver's license or photo ID, via the Florida E-Filing Portal, no less than 48-hours prior to the hearing.

CRITICAL

Deadline

5 business days

Hearings ordinarily require at least five business days' notice, unless all parties agree otherwise.

All hearings require a minimum of five business days’ notice unless all parties agree otherwise.

CRITICAL

All motions in limine must be filed at least 45 days before trial unless the court grants an extension.

Any and all Motions in Limine from any party must be filed no later than forty-five (45) days before trial unless extended by this Court.

CRITICAL

Deadline

5 business days

Opposing counsel has five business days after submission to file a written response to a motion-in-limine memorandum if desired.

Opposing counsel will have five (5) business days to file a written response if they wish.

CRITICAL

The motion seeking a hearing must be filed before a hearing date and time may be obtained.

The Motion must be filed prior to obtaining a hearing date and time.

CRITICAL

Deadline

15 business days

A final judgment must be filed no later than 15 business days before the hearing.

All Final Judgments must be filed through the Florida Courts E-Portal 15 business days prior to the hearing.

CRITICAL

A motion in limine may be abandoned if it is untimely, was not discussed during the meet-and-confer process, or, if unresolved, was not set for hearing.

Any Motions in Limine not timely filed and/or not discussed at the meet and confer and (if unresolved) not set for hearing will be considered abandoned.

CRITICAL

The represented party must file a notice certifying service on the self-represented party within five days after entry of the order.

In cases involving a self-represented litigant who is not participating in electronic service through the e-filing portal, the proposed order must include language that the represented party will serve the order through regular U.S. mail on the self-represented party and certify said service through a filed notice of service within five (5) days of the entry of the order.

CRITICALCivil cases

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.

CRITICAL

Deadline

3 business days

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.

CRITICAL

Deadline

3 business days

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

Deadline

3 business days

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.

CRITICALCivil cases

Deadline

1 business days

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.

CRITICALCivil cases

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.

CRITICAL

An opposing party has ten days from receiving a motion to file a response and accompanying legal memorandum.

Opposing party shall have ten (10) days from receipt of a motion to file a response (along with legal memorandum).

CRITICAL

An opposing party has ten days from receipt of a motion to file a response with a legal memorandum.

Opposing party shall have ten (10) days from receipt of a motion to file a response (along with legal memorandum).

CRITICAL

Probate matters must be completed within 12 months after Letters of Administration are issued.

Florida Probate Rule 5.400(c) requires that probate matters be completed within twelve (12) months of being issued Letters of Administration.

CRITICAL

Deadline

2 business days

Electronic evidence is due at least two business days before the hearing or trial.

Evidence for ALL bench trials and evidentiary hearings (Zoom and live) shall be submitted to the Court and opposing counsel electronically to dcbcivil@circuit5.org at least 2 business days before the hearing/trial.

CRITICAL

Deadline

1 business days

For all evidentiary hearings, evidence must be electronically submitted to the judicial assistant and shared with opposing counsel or the opposing party at least one full business day before the hearing, or by any earlier date established in the hearing order.

Evidence for ALL evidentiary hearings (Zoom and live) shall be submitted to the judicial assistant at hernandoprobate@circuit5.org, as well shared with opposing counsel/party, in an electronic format at least one full business day prior to the trial/hearing or any earlier date established in the order setting the trial/hearing.

CRITICAL

Deadline

24 hours

Proposed orders should be submitted no more than 24 hours before the hearing and within five days after it, with a complete certificate of service.

Proposed orders should be submitted no more than 24 hours prior to the hearing and within five (5) days after the hearing is held and shall include a complete certificate of service.

CRITICAL

Deadline

2 business days

Electronic evidence for every bench trial and evidentiary hearing, whether Zoom or live, is due to the Court and opposing counsel at least two business days before the hearing or trial.

Evidence for ALL bench trials and evidentiary hearings (Zoom and live) shall be submitted to the Court and opposing counsel electronically to hernandoprobate@circuit5.org at least 2 business days before the hearing/trial.

CRITICALCivil cases

Any motion in limine filed after the pre-trial conference will not be considered and will be summarily denied.

ANY MOTIONS FILED AFTER THE PRETRIAL CONFERENCE WILL NOT BE CONSIDERED BY THIS COURT UNDER ANY CIRCUMSTANCES AND WILL BE SUMMARILY DENIED

CRITICALCivil cases

Untimely motions or responses will not be considered by the Court.

Any filings (either Motions or Responses) that are untimely, in accordance with this provision will not be considered by this Court.

CRITICALCivil cases

No reply memorandum is permitted or considered by the Court.

NO REPLY MEMORANDUM SHALL BE PERMITTED or considered by this Court.

CRITICAL

Plaintiffs must file their witness list at least 120 days before pretrial.

Deadline for Plaintiff(s) to file witness list | 120 days before pretrial

CRITICAL

The joint final pretrial statement, motions in limine, deposition objections, proposed jury instructions, and verdict form must be filed 14 days before the pretrial conference; untimely motions in limine are deemed abandoned.

Deadline for filing: The joint final pretrial statement, Any motion in limine, Objections to depositions, Proposed jury instructions, and Verdict form | 14 days before the pretrial conference Note: If not filed by this date, motions in limine will be deemed abandoned.

CRITICALCivil cases

All motions in limine must be filed before the pre-trial conference to be considered.

All Motions in Limine MUST BE FILED PRIOR TO THE PRE-TRIAL CONFERENCE IN ORDER TO BE CONSIDERED.

CRITICAL

Applies to

Motion to continue trial

A continuance motion must be filed promptly after good cause first appears.

A motion to continue trial must be filed promptly after the appearance of good cause to support such motion.

CRITICALCivil cases

The movant's summary-judgment motion must be filed consistently with deadlines in the case-management order or other court orders.

The movant must file and serve the motion for summary judgment consistent with the deadlines specified in the case management order or any court-ordered deadlines.

CRITICAL

All pretrial motions must be resolved before the pretrial hearing.

Resolution of All Pretrial Motions | Prior to Pretrial Hearing |

CRITICAL

All pending motions and pleadings must be filed at least seven days before the hearing, court, or trial.

Thus the Court requires all pending motions/pleadings be filed at least seven (7) days prior to hearing/court/trial.

CRITICAL

Defendants must file their witness list at least 90 days before pretrial.

Deadline for Defendant(s) to file witness list | 90 days before pretrial

CRITICALCivil cases

All contested motions in limine must be filed no later than 20 days before the pre-trial conference.

ALL CONTESTED MOTIONS IN LIMINE MUST BE FILED NO LATER 20 DAYS PRIOR TO THE PRE-TRIAL.

CRITICAL

Failure to comply with the order's deadlines may result in sanctions, including striking a party's pleadings.

Failure to comply with deadlines may subject the parties to sanctions, including but not limited to striking of

CRITICAL

All Daubert motions must be filed within 30 days after expert discovery closes.

Deadline for filing any *Daubert* motions | 30 days after the close of expert discovery

CRITICALCivil cases

The proposed order must be submitted to the court within 10 days after the hearing.

The Parties shall submit to the Court within 10 days of hearing a Proposed Order complying with FRCP 1.510 (Fed R. 56) involving the standards and facts.

CRITICAL

Dispositive and Daubert motions must be heard at least 45 days before pretrial or they will be deemed abandoned.

Deadline to have any dispositive and *Daubert* motions heard | 45 days before the pretrial Note: If not heard by this date, dispositive and *Daubert* motions will be deemed abandoned

CRITICAL

The case-management and pretrial-order deadlines will be strictly enforced absent good cause.

The deadlines established in this Case Management/Pretrial Order shall be strictly enforced by the court unless good cause can be shown.

CRITICAL

Counsel must promptly file all paperwork needed to close a dismissed or settled case.

Counsel must expeditiously file all paperwork necessary to close the case.

CRITICAL

All dispositive motions must be filed within 120 days after fact discovery closes.

Deadline for filing any dispositive motions | 120 days after close of fact discovery

CRITICAL

By the previously specified deadline, jury instructions and verdict forms must be filed with the clerk and emailed to the division email address in Word format.

By the deadline set forth above, jury instructions and verdict forms must be filed with the Clerk and e-mailed in Word format to the division email address in accordance with the following:

CRITICAL

Daubert motions must also be filed before the pretrial conference or hearing.

Filed before Pretrial

CRITICAL

The order sets case-dependent trial completion targets of 12 or 18 months, or 24 or 30 months.

Trial | 12 or 18 Months, or 24/30 months

CRITICALCivil cases

Paperwork intended for consideration at the hearing must be filed five days beforehand with a courtesy copy sent to the Court.

Any paperwork to be considered at the hearing must be filed 5 days prior to hearing, with a courtesy copy to the Court.

CRITICAL

Fact and expert discovery must be completed within 270 days in streamlined cases and within 450 days in general cases, measured from filing of the complaint.

Completion of Fact & Expert Discovery | 270 Days Streamline 450 Days General |

CRITICAL

The exhibit list must be filed at least 21 days before the pretrial conference.

Deadline to file Exhibit List | 21 days before the pretrial conference

CRITICALCivil cases

A Zoom Notice of Hearing must be filed with the Court at least five days before the hearing.

A Zoom Notice of Hearing must be filed with the Court at least 5 days prior to hearing date.

CRITICALCivil cases

All evidence intended for consideration must be submitted five days before an evidentiary hearing to the clerk, Court, parties, and witnesses.

Parties must submit all Evidence to be considered 5 days prior to hearing with the clerk, Court and all parties and witnesses.

CRITICALCivil cases

Deadline

10 business days

A party objecting to proposed relief must notify the court immediately and in writing within 10 business days, unless the matter requires no response or is uncontested.

Unless the matter is stipulated to in writing by all interested parties, or is a matter that otherwise requires no response, or is otherwise clearly indicated to be uncontested, the Court may wait ten (10) business days to see if any further objections, pleadings, or responses directed to the issue are received. IT IS INCUMBENT ON ANYONE OBJECTING TO ANY PROPOSED RELIEF TO NOTIFY THE COURT IMMEDIATELY AND IN WRITING WITHIN THE TEN (10) BUSINESS DAY PERIOD.

CRITICAL

Deadline

5 working days

All parties must acknowledge the hearing-attendance procedures through one of the specified filings or email at least five working days before the hearing.

***THE COURT REQUIRES ACKNOWLEDGMENT OF THE ABOVE BY RECEIPT OF A MOTION AND ORDER (COURTCALL), NOTICE OF ZOOM HEARING OR INVITATION TO THE COURT (ZOOM APPEARANCE), OR EMAIL (ACKNOWLEDGING PERSONAL APPEARANCE) WITHIN 5 WORKING DAYS PRIOR TO HEARING DATE.***

CRITICAL

Mediations | 270 Days Streamlined 450 Days General & Complex 500 Days Complex At least 45 Days Prior to Pretrial Hearing

Mediations | 270 Days Streamlined 450 Days General & Complex 500 Days Complex At least 45 Days Prior to Pretrial Hearing

CRITICAL

Procrastination in discovery and counsel unavailability do not constitute good cause to change the order's deadlines.

Procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.

CRITICAL

Fact and expert discovery must be completed within 500 days in complex cases.

500 Days Complex

CRITICALCivil cases

The opposing party has 10 days from the filing date of the motion in limine to file a response.

The opposing party shall have TEN days from the filing date of the Motion in Limine to file a Response thereto.

CRITICAL

Deadline

5 business days

A Zoom appearance request must be made by motion at least five business days before the event, with an emailed courtesy copy to the Judicial Assistant and a proposed order uploaded to the portal.

Requests to appear by Zoom must be made by motion filed with the Clerk, with a courtesy copy emailed to the Judicial Assistant at PBarto@circuit5.org and a proposed order uploaded to the portal, no later than five (5) business days before the scheduled event.

CRITICAL

Deadline

48 hours

All evidence must be submitted to the Court at least 48 hours before the hearing in accordance with the procedures outlined on Judge Daly’s website. Failure to comply may result in exclusion of the evidence.

All evidence must be submitted to the Court at least 48 hours before the hearing in accordance with the procedures outlined on Judge Daly’s website. Failure to comply may result in exclusion of the evidence.

CRITICAL

An in limine motion ordinarily will be resolved without a hearing unless oral argument is requested and granted or the court orders otherwise, and it must be filed no later than 30 days before the pretrial hearing or may be denied as untimely.

16. In limine motions. Unless oral argument is requested and granted, or otherwise ordered by the Court, in limine motions will be resolved without a hearing. All motions in limine must be filed no later than 30 days before the start of the pretrial hearing or the Court may deny the motion as being untimely.

CRITICAL

Evidence may be emailed as an attachment or physically delivered to Judge Daly's Chambers at least five days before the hearing.

Evidence may be sent by email attachment or by physical delivery to Judge Daly’s Chambers, at least five (5) days prior to the scheduled hearing.

CRITICAL

At least five days before a hearing, all intended evidence must be submitted as pre-marked PDF exhibits to the opposing party and emailed to the Court.

Exhibits: Five days prior to any hearing, submit all evidence which you intend to rely on as pre-marked exhibits via PDF format to opposing counsel or pro se party and email to the Court at pbarto@circuit5.org.

CRITICAL

Deadline

48 hours

A party granted permission for a Zoom appearance must share intended hearing evidence with the opposing party and Court no later than 48 hours before the hearing.

If a motion for zoom appearance is granted, any documents, photographs or evidence that a party intends to use at the hearing must be shared with the opposing party and the Court no later than 48 hours before the hearing.

CRITICAL

filing All Objections to pleadings At least 60 days prior to pre- At least 60 days prior to pre- Filing of all trial conference, notice for trial conference, notice for pre-trial motions hearing prior to PTC hearing prior to PTC

filing All Objections to pleadings At least 60 days prior to pre- At least 60 days prior to pre- Filing of all trial conference, notice for trial conference, notice for pre-trial motions hearing prior to PTC hearing prior to PTC

CRITICAL

Evidence exceeding 50 pages must be mailed 15 days before a virtual hearing to the court at the stated address.

If your evidence exceeds fifty (50) pages, then you will need to mail in evidence fifteen (15) days in advance as follows: Attn: Circuit Judge George L. Singeltary II at 110 North Apopka Avenue #101, Inverness, FL 34450.

CRITICAL

Deadline

10 business days

Evidence for a virtual hearing must be mailed at least ten business days before the hearing after pre-marking is completed.

Once completed, you will then need to mail in said evidence at least ten (10) business days in advance of the hearing.

CRITICAL

A Notice of Conflict must be filed immediately upon discovery of the conflict, with a courtesy copy to the Court.

This notice should be filed immediately upon discovery of the conflict with a courtesy copy to the Court.

CRITICAL

A pretrial statement must be filed no later than ten days, excluding weekends and holidays, before the pretrial conference.

Pretrial statements shall be filed no later than 10 days (excluding weekends and holidays) before the Pretrial Conference.

CRITICAL

Opposing party or counsel has 10 days from receipt of a motion to respond, and failure to respond may result in an order treating the motion as unopposed.

Opposing party/counsel shall have ten (10) days from receipt of a motion to file a response. Failure to timely respond may result in the issuance of an Order as if motion was unopposed.

CRITICAL

Case law submitted for the Court's consideration must be provided at least 48 hours before the proceeding.

Said case law shall be submitted to the Court a minimum of 48 hours in advance of the proceeding date in order to give sufficient time for the Court to review same.

CRITICAL

Counsel must request a hearing interpreter through the Fifth Circuit website's online form at least seven days before the proceeding.

If an Interpreter will be needed for any hearing, a request must be submitted by counsel through the Fifth Circuit website at www.circuit5.org, using the online form provided at least seven (7) days prior to the proceeding.

CRITICAL

A waiver of appearance must be e-filed before the day of the specified court proceeding.

Said Waiver of Appearance shall be signed by the defendant and e-filed prior to the day of the proceeding.

CRITICALCivil cases

A hearing must be requested immediately upon filing an objection, and failure to set the objection for immediate hearing constitutes abandonment of the examination request.

A hearing must be immediately requested on any objection filed. Failure to set the objection for immediate hearing will be deemed an “Abandonment of the Request” under the rules.

CRITICALCivil cases

Objections to a compulsory examination must be filed within 30 days of the written request, assuming process was served at least 15 days before service of the request.

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.

CRITICAL

A motion for summary judgment may be filed after 20 days from commencement of the action, and service must occur at least 40 days before the hearing.

Filing and Service Filing shall be any time Filing shall be any time of Motions for after the expiration of 20 after the expiration of 20 days from the days from the Summary commencement of the commencement of the Judgment action action Service at least 40 days Service at least 40 days before the time fixed for before the time fixed for the hearing the hearing

CRITICALCivil cases

Deadline

5 business days

Case law and exhibits must be emailed to swaldron@circuit5.org at least five business days before the hearing.

If you have case law or exhibits to provide, please send them to swaldron@circuit5.org, at least 5 business days prior to the hearing, to allow time for the Court’s review prior to the hearing.

CRITICALCivil cases

An untimely motion in limine or response will not be considered by the Court.

Any filings (either Motions or Responses) that are untimely, in accordance with this provision will not be considered by this Court.

CRITICALCivil cases

A stipulated motion in limine must be filed before the pre-trial conference.

A) Any Motions in Limine that are stipulated to between the parties (after meeting) shall be filed with an agreed upon PROPOSED ORDER granting the relief requested for this Court's consideration and signature PRIOR TO PRE-TRIAL.

CRITICALCivil cases

All contested motions in limine must be filed no later than 20 days before the pre-trial conference.

D) ALL CONTESTED MOTIONS IN LIMINE MUST BE FILED NO LATER THAN 20 DAYS PRIOR TO THE PRE-TRIAL.

CRITICALCivil cases

The opposing party has 10 days from the filing of a motion in limine to file a response.

The opposing party shall have TEN days from the filing date of the Motion in Limine to file a Response thereto.

CRITICALCivil cases

All motions in limine must be filed before the pre-trial conference to be considered.

All Motions in Limine MUST BE FILED PRIOR TO THE PRE-TRIAL CONFERENCE IN ORDER TO BE CONSIDERED.

CRITICALCivil cases

No later than 30 days before the pre-trial conference, attorneys must meet or discuss all possible motions in limine in an attempt to stipulate to them.

A) No later than 30 days prior to the Pre-Trial Conference the attorneys shall meet and/or discuss all Motions in Limine in an attempt to stipulate to any and/all possible Motions in Limine.

CRITICALCivil cases

A motion in limine filed after the pre-trial conference will not be considered and will be summarily denied.

***ANY MOTIONS FILED AFTER THE PRETRIAL CONFERENCE WILL NOT BE CONSIDERED BY THIS COURT UNDER ANY CIRCUMSTANCES AND WILL BE SUMMARILY DENIED***

CRITICAL

Deadline

48 hours

All proposed evidence must be hand-delivered to the Judicial Assistant as hard copies at least 48 hours before the hearing, with no exceptions.

If a party/counsel intends to introduce any document or item into evidence during a hearing, hard copies of the proposed evidence shall be hand delivered to the Judicial Assistant 48 hours in advance of the hearing. No exceptions will be made to this.

CRITICAL

Deadline

10 business days

The summary judgment checklist and supporting documents are due 10 business days before the summary judgment hearing.

Complete in full and submit via e-filing along with all of the other required supporting documentation 10 business days prior to the summary judgment hearing.

CRITICAL

Fact and expert discovery must be completed within 450 days after the complaint is filed in a general case.

Completion of Fact and Expert Discovery Within 450 days after the complaint is filed

CRITICALCivil cases

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

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.

CRITICAL

Applies to

Objection to pleadings

All objections to pleadings must be resolved within 45 days after filing.

filing Within 45 days of filing All Objections to pleadings Filing

CRITICAL

Fact and expert discovery must be completed within 270 days after the complaint is filed in a streamlined case.

Completion of Fact and Expert Discovery Within 270 days after the complaint is filed

CRITICALCivil cases

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 motions in limine must be filed no later than 15 days before the start of the trial term or the Court may deny the motion as being untimely.

CRITICAL

Applies to

Summary judgment motion

A motion for summary judgment may be filed after 20 days have elapsed from commencement of the action.

Filing and Service of Motions for Summary Judgment Filing shall be any time after the expiration of 20 days from the commencement of the action

CRITICALCivil cases

When further argument is needed after receiving an opposition memorandum, counsel must file a reply within five days of receipt.

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 opposing memorandum.

CRITICAL

Trial is scheduled within 12 months in a streamlined case.

Trial 12 Months

CRITICALCivil cases

A party opposing a written motion or application must file and serve an opposition memorandum with citations within twenty days after service, subject to the stated default consequences for no timely response.

Each party opposing any written motion or other application shall file and serve, within twenty (20) days after being served with such motion or application, a legal memorandum with citations to authority in opposition to the relief requested.

CRITICAL

Complaint service is due within 120 days after the complaint is filed.

Service of Within 120 days of Within 120 days of Complaints filing of the complaint

CRITICAL

If an extension for service is granted, new parties may be added within 240 days from the date the complaint was filed.

If extension for service granted, then within 240 days from the date of filing complaint

CRITICAL

An objection to case differentiation must be filed within 30 days.

Objection to Case Within 30 days

CRITICAL

Applies to

Pretrial motion

All pretrial motions must be filed and resolved before the pretrial conference.

Filing and Resolution of all pre-trial motions Prior to pre-trial conference

CRITICAL

Trial is scheduled within 18 months in a general case.

Trial 18 months

CRITICAL

The submission deadline for case law and legal authority is at least five days before the hearing.

Case law and legal authority must be submitted at least five (5) days prior to the hearing to allow the Judge time to review the documents by emailing the Judicial Assistant at jferguson@circuit5.org or by delivering a thumb drive to the Marion County Courthouse.

CRITICAL

An objection to remote appearance technology must be filed no later than ten days before the hearing.

Any objection to the use of communication technology must be filed no later than 10 days prior to the scheduled hearing.

CRITICALCivil cases

An in limine motion must be filed at least 15 days before the trial term begins, or the Court may deny it as untimely.

All motions in limine must be filed no later than 15 days before the start of the trial term or the Court may deny the motion as being untimely.

CRITICAL

Deadline

5 business days

Exhibits for electronic hearings must be submitted five business days before the evidentiary proceeding by email or thumb drive.

Exhibits for electronic hearings must be submitted five (5) business days before the evidentiary proceeding by emailing the Judicial Assistant at jferguson@circuit5.org or by delivering a thumb drive to the Marion County Courthouse.

CRITICAL

A motion must be filed with the Clerk before a hearing on that motion can be scheduled.

Motions must be filed with the Clerk prior to the scheduling of a hearing.

CRITICAL

Proposed orders ordinarily must be submitted within 10 days after the hearing unless the court orders a different period.

Proposed orders must be submitted within 10 days from the date of any hearing, unless specifically ordered to be submitted within a different period of time.

CRITICALCivil cases

When further argument is needed, counsel must file a reply within five days after receiving the opposition 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 opposing memorandum.

CRITICAL

A request for remote appearance in a hearing scheduled for in-person appearance must be submitted ten days before the hearing.

If your hearing is scheduled to be in-person, all requests for remote appearance must be submitted 10 days prior to the hearing.

CRITICALCivil cases

The opposition memorandum is due within 20 days after service of the motion or application; the source does not specify whether those days are calendar, business, or court days.

within twenty (20) days after being served with such motion or application

CRITICAL

Failure to file the Notice of Hearing within 48 hours after receiving the reservation email causes the hearing time to be released back into the court's availability.

If a Notice of Hearing is not filed within 48 hours of receiving the reservation email from the Judicial Assistant, the hearing time will be placed back into the Court’s availability.

CRITICAL

A hearing request must identify the case, motion, and requested hearing time, and the motion must be filed with the Clerk before hearing scheduling.

Please provide the case name/number in the subject line & include within the message the title of the motion(s) and the amount of time requested for the hearing. Motions must be filed with the Clerk prior to the scheduling of a hearing.

CRITICAL

Proposed orders must be submitted within 10 days after the hearing.

Deadline for Submissions: Proposed orders must be submitted within 10 days after any hearing.

CRITICAL

Deadline

5 business days

Chambers must receive all exhibits five business days before the evidentiary proceeding.

Deadline for Submissions: All exhibits must be received in chambers five business days before the evidentiary proceeding.

CRITICAL

Deadline

5 business days

The court must receive all hearing exhibits no later than five business days before the hearing.

Submission Deadlines: The court must receive all exhibits for the hearing no later than five business days before the hearing.

CRITICAL

Deadline

5 business days

A pretrial memorandum must be filed five business days before the pretrial conference.

Other Procedures for Setting Case for Trial: You must file a pretrial memorandum 5 business days prior to the PTC.

WARNING

Deadline

5 calendar days

Case law and memoranda for an upcoming hearing may be submitted electronically to Toni Mann, preferably at least five days before the hearing.

Any party desiring to submit case law and/or a memorandum of law for an upcoming hearing may submit these materials electronically to Toni Mann at tmann@circuit5.org. The Court desires that these materials be submitted at least 5 days prior to the scheduled hearing.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNING

Proposed orders should be submitted no more than 24 hours prior to the hearing and within five (5) days after the hearing is held

Proposed orders should be submitted no more than 24 hours prior to the hearing and within five (5) days after the hearing is held

WARNING

Deadline

24 hours

Proposed orders should be submitted no more than 24 hours before the hearing.

Proposed orders should be submitted no more than 24 hours prior to the hearing

WARNING

A movant who believes a reply is necessary must immediately notify the judicial assistant, and the Court will defer its ruling for five days while awaiting the reply.

If the movant believes a Reply is necessary to the Response, he/she shall immediately notify the judicial assistant via email at hernandoprobate@circuit5.org. The Court will defer ruling for 5 days awaiting receipt of the reply.

WARNING

Failure to respond timely may result in an order treating the motion as unopposed.

Failure to timely respond may result in the issuance of an order as if motion was unopposed.

WARNINGCivil cases

If the Court has not announced its ruling on such contested motions by pretrial, counsel should immediately advise the Court.

If the Court has not announced its ruling on such contested motions by pretrial, counsel should immediately advise the Court.

WARNING

The meeting before the pretrial conference must occur 10 days before the pretrial.

Date of Meeting Prior to Pretrial Conference | 10 days before the pretrial

WARNING

An objection to case differentiation is due within 30 days from the filing of the complaint.

Objection to Case Differentiation | 30 Days

WARNING

The quote names a 20-day period for objections to pleadings but does not say who must act or what they must do.

Objections to Pleadings | 20 Days

WARNING

The presiding judge may change the order's deadlines at any time to assist in closing the case.

6. These deadlines are subject to change by the presiding Judge at any time to aid and assist in the closure of the case.

WARNINGCivil cases

All time calculations under the standing order are governed by Florida Rule of Civil Procedure 1.090.

All time calculations herein shall be subject to Rule 1.090, Florida Rules of Civil Procedure.

WARNING

New parties must be added within 240 days from the filing of the complaint.

Addition of New Parties | 240 Days

WARNING

Parties contemplating trial technology must contact Court Technology at least 7 days before trial.

Deadline to contact Court Technology if use of trial technology is contemplated | 7 days before trial.

WARNINGCivil cases

Unless the court grants a request for hearing time or oral argument, in limine motions will be resolved before pretrial under the applicable standard orders.

Unless hearing time or oral argument has been requested and granted by the court, in limine motions will be resolved before pretrial, as set forth in the other standard orders of this court specifically regarding same.

WARNINGCivil cases

A summary-judgment motion may be filed after 20 days from commencement of the action or after service of an adverse summary-judgment motion.

A party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party.

WARNINGCivil cases

When a reply memorandum is noticed, the court may defer determination of the matter for up to five days pending receipt of the reply.

In such case, determination of the matter will be deferred by the court for up to five (5) days pending receipt of the reply memorandum by the court.

WARNING

Failure to meet the timely-filing requirement may result in striking pleadings or delaying hearings, with charges assessed against the violating party and possible contempt for an intent to delay.

Failure to adhere to timely filing requirement could/should/would result in the striking of pleadings and/or delay of hearings – charged to the violating party and could be contemptable if the Court deems intent to delay.

WARNING

A Notice of Conflict should be filed immediately after the conflict is discovered, with a courtesy copy sent to the Court.

This notice should be filed immediately upon discovery of the conflict with a courtesy copy to the Court.

WARNING

Dropbox links, PDF files, JPEG files, or zip files may be emailed to pbarto@circuit5.org at least five days before the hearing.

Dropbox, PDF, Jpeg, or Zipped Files can be emailed to pbarto@circuit5.org at least 5 days prior to the hearing.

WARNING

Physical binders, case law, and memoranda should be sent at least one week before the hearing.

Parties submitting binders, case law, and/or memoranda physically should make sure that the material sent at least one week in advance of the hearing.

WARNING

The Court desires that these materials be submitted at least ten days prior to the scheduled hearing.

The Court desires that these materials be submitted at least ten days prior to the scheduled hearing.

WARNINGCivil cases

Within 120 days after the case is filed, the Court will issue its civil case-management and motion-practice orders unless the parties submit the specified stipulated orders.

Within 120 days of the filing of the case, the Court will issue a Differentiated Civil Case Management Order and Order Establishing Motion Practice Procedures OR the parties may file a Stipulated Civil Case Management Order and a proposed Order Approving Stipulated Civil Case Management Order.

WARNINGCivil cases

As a recommended practice, the written examination request should be submitted no later than 70 days before the pretrial date.

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

WARNINGCivil cases

Failure to respond within the allowed time may be sufficient cause for granting the motion by default.

Failure to respond within the time allowed may be deemed sufficient cause for granting the motion by default.

WARNINGCivil cases

If a party has no objections and will not file a responsive memorandum, counsel must file written notice of no objection with the court clerk within ten days of service.

If a party has no objections to a motion and does not intend to file a responsive memorandum, counsel shall file, withing ten days of service of said motion, written notice of no objection with the Clerk of the Court so indicating.

WARNINGCivil cases

A written request for an examination under the stated rules should be made no later than 70 days before the pretrial date.

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

WARNINGCivil cases

Time calculations under the standing order are governed by Florida Rule of Civil Procedure 1.090.

All time calculations herein shall be subject to Rule 1.090, Fla. R. Civ. P.

WARNING

Trial notebooks, case law, and other documentation for court consideration should be sent electronically to the court email address two days before the hearing.

Trial Notebooks, Case Law or any documentation that needs to be submitted to the court for consideration should be sent electronically, two days prior to the hearing, to this email address.

WARNING

Deadline

10 calendar days

Hearing materials should be submitted at least ten days before the scheduled hearing.

The Court desires that all materials be submitted at least ten days prior to the scheduled hearing to allow for review.

INFO

The Court prefers that case law and hearing memoranda be submitted at least five days before the hearing.

The Court desires that these materials be submitted at least 5 days prior to the scheduled hearing.

INFO

After receiving notice that a reply is needed, the court will defer its ruling for five days while awaiting the reply.

The Court will defer ruling for 5 days awaiting receipt of the reply.

INFO

The court may consider and determine emergency motions at any time in its discretion.

17. Emergency motions. Motions of an emergency nature may be considered and determined by the Court at any time in its discretion.

INFO

The court prefers hearing materials to be submitted at least ten days before the scheduled hearing so they can be reviewed.

The Court desires that all materials be submitted at least ten days prior to the scheduled hearing to allow for review.

INFOCivil cases

The Court may consider and determine emergency motions at any time within its discretion.

Motions of an emergency nature may be considered and determined by the Court at any time in its discretion.

INFO

Deadline

24 hours

Response to Inquiries: The judicial assistant is not authorized to provide legal advice. Please allow the judicial assistant 24 hours to respond to your email.

Response to Inquiries: The judicial assistant is not authorized to provide legal advice. Please allow the judicial assistant 24 hours to respond to your email.

CRITICAL

All objections to pleadings must be filed and served within 30 days after the pleading is filed in both streamlined and general cases.

Filing and Service of Within 30 days of filing Within 30 days of filing All Objections to pleadings

CRITICAL

Deadline

450 days

Alternative dispute resolution must be completed within 450 days after the complaint is filed in a general case.

Completion of Alternative Dispute Resolution Within 450 days after the complaint is filed

CRITICAL

Deadline

270 days

Alternative dispute resolution must be completed within 270 days after the complaint is filed in a streamlined case.

Completion of Alternative Dispute Resolution Within 270 days after the complaint is filed