Judge Bruce Anderson

The Notice of Hearing should list all motion(s) and the docket line of the motion, e-filed and served immediately after reserving hearing time.

The Notice of Hearing should list all motion(s) and the docket line of the motion, e-filed and served immediately after reserving hearing time.

Page 2 | B. Scheduling Procedures

Proposed orders must be submitted through the E-Portal, with copies provided to all parties.

Proposed orders must be submitted to the Court via the E-Portal with copies to all parties.

Page 3 | D. Submission of Orders and Judgments

If all parties use e-Portal, the proposed order may be emailed to the Court in Microsoft Word format.

If all parties before the Court are using e-Portal, the proposed Order may be emailed to the Court in Mircrosft Word format;

Civil cases

Page 19 | XXII. Proposed Orders When the Court Makes a Ruling Following a Hearing

The moving party must serve the summary-judgment motion according to the deadlines specified in the case-management order.

The rule states the moving party “must serve the motion for summary judgment consistent with the deadlines specified in the case management order.” Fla. R. Civ. P. 1.510(b).

Civil cases

Page 3 | Timing to File a Motion and Supporting Factual Position

Although a defendant may file a summary-judgment motion 20 days after the complaint is filed, the Court will not hear a premature motion.

Technically a defendant can file a motion for summary judgment 20 days after the Complaint is filed, however, the Court will not hear premature motions (see below).

Civil cases

Page 3 | Timing to File a Motion and Supporting Factual Position

Except for complex actions or when the operative case-management order provides otherwise, a summary-judgment hearing must occur no later than 30 days before the scheduled pretrial conference.

Except for actions determined to be complex pursuant to Rule 1.201, Fla. R. Civ. P., unless otherwise specified in the operative case management order (“CMO”) hearings on summary judgment motions must be scheduled to be heard no later than 30 days prior to the Pretrial Conference scheduled in the Order Setting Actual Trial Period, Scheduling Pretrial Conference, and Requiring Matters to be Completed Prior to Pretrial Conference.

Civil cases

Page 4 | Timing to File and Serve a Response and Supporting Factual Position

A summary-judgment hearing must be set at least 10 days after the response-service deadline unless the parties stipulate or the court orders otherwise.

Any hearing on a motion for summary judgment must be set for a date at least 10 days after the deadline for serving a response, unless the parties stipulate or the court orders otherwise.

Civil cases

Page 4 | Timing to File and Serve a Response and Supporting Factual Position

The Reply Statement of Material Facts and Reply Memorandum of Law are due at least 10 days before the hearing.

The due date for the Reply Statement of Material Facts and Reply Memorandum of Law is at least 10 days before the time fixed for the hearing.

Civil cases

Page 8 | Reply Statement of Material Facts

The court will generally set a deadline requiring the exceptions or objections pleading to be filed within 5 days after the proposed orders are filed.

generally, the Court will establish a reasonable deadline for filing the exceptions/objections pleading within 5 days following the filing of the proposed orders;

Civil cases

Page 11

The court will generally set a deadline requiring proposed orders to be filed within 7 days after the hearing.

generally, the court will establish a reasonable deadline for filing the proposed orders within 7 days following the hearing;

Civil cases

Page 11

The parties must present their respective proposed orders to the court within 15 days after the meet-and-confer.

Stipulation or Agreed Order, the parties shall present their respective proposed orders to the Court for consideration within 15 days of the meet and confer.

Civil cases

Page 3 | Stipulation or Agreed Order

If the Notice of Compliance is not filed within 15 days after the meet-and-confer, Plaintiff must schedule a 15-minute case-management conference concerning the lack of compliance.

If the Notice of Compliance is not filed within l5 days of the meet and confer, Plaintiff shall schedule a l5- minute Case Management Conference pursuant to 1.200(a) to address specific issues that have resulted in the lack of compliance.

Civil cases

Page 3 | Stipulation or Agreed Order

A hearing must be requested immediately whenever an examination objection is filed, and failure to set an immediate hearing will be treated as 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.

Civil cases

Page 1 | Request for, Objections to and Hearings on

Objections to a Rule 1.360(a)(1)(A) examination request must be filed within 30 days after the written request when process was served at least 15 days earlier.

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.

Civil cases

Page 1 | Request for, Objections to and Hearings on

A written request for an examination should be made no later than 150 days before the pretrial date.

If examinations under these rules are requested such written request should be made no later than 150 days before the pretrial date to allow time for objections, hearings on same and an opportunity to reset the examination.

Civil cases

Page 1 | Request for, Objections to and Hearings on

The alternative hard-copy submission of proposed jury instructions and verdict forms is due to the Clerk and Court by 9:00 a.m. on the stated date.

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 by no later than 9:00 a.m. on ___________________________, 20_____.

Civil cases

Page 1 | PRETRIAL CONFERENCE ORDER

Failure to seek an extension of the stated deadlines or to file a Notice of Voluntary Dismissal with Prejudice within 30 days after the paragraph 6 deadline will result in dismissal without prejudice and without further notice.

Upon failure of the parties to request an extension of the deadlines set forth in the paragraphs above or Plaintiff’s counsel’s failure to file a Notice of Voluntary Dismissal with Prejudice by no later than thirty (30) days after the deadline provided in paragraph 6 above, the Court will dismiss the action without prejudice, without further notice to the Plaintiff.

Civil cases

Page 1 | AGREED CASE MANAGEMENT ORDER REGARDING SETTLEMENT

Plaintiffs must file final disposition form 1.998 within the stated number of days after receiving the settlement checks, although the number is blank in the order.

The Plaintiff(s) shall file a final disposition form (form 1.998) within _____ days of receiving the settlement check(s).

Civil cases

Page 1 | AGREED CASE MANAGEMENT ORDER REGARDING SETTLEMENT

Plaintiffs must dismiss the action within the stated number of days after receiving the settlement checks, although the number is blank in the order.

The Plaintiff(s) shall dismiss their action within _____ days of receiving the settlement check(s).

Civil cases

Page 1 | AGREED CASE MANAGEMENT ORDER REGARDING SETTLEMENT

All discovery responses must be supplemented within five days after supplementation is triggered under Florida Rule of Civil Procedure 1.280(g).

All discovery, including interrogatories, requests for production, or requests for admission must be supplemented no later than FIVE (5) DAYS after the duty to supplement is triggered pursuant to Fla. R. Civ. P. 1.280(g).

Page 1 | DISCOVERY, DUTY TO SUPPLEMENT DISCOVERY, AND PRETRIAL DISCOVERY MOTIONS

Other nondispositive pretrial motions must be filed, noticed, and resolved or agreed to by 30 days before the Pretrial Conference.

All other Non-Dispositive Pretrial Motions, other than those pretrial motions governed by paragraphs 11, 13, 17, 20, 21, 22, 23, and 31 must be filed, noticed and resolved by hearing or agreed to by the parties no later than THIRTY (30) DAYS prior to the Pretrial Conference.

Page 1 | FILING AND RESOLUTION OF MOTIONS IN LIMINE AND ALL OTHER PRETRIAL NON-DISPOSITIVE MOTIONS

Fact- and expert-discovery motions, objections, and requests must be filed, noticed, and resolved or agreed to by 90 days before the Pretrial Conference.

All motions, objections, and requests related to fact and expert discovery must be filed, noticed and resolved by hearing, or agreed to by the parties no later than NINTY (90) DAYS prior to the Pretrial Conference.

Page 1 | DISCOVERY, DUTY TO SUPPLEMENT DISCOVERY, AND PRETRIAL DISCOVERY MOTIONS

Counsel must immediately notify the court and file a Notice of Settlement if the case settles or is dismissed.

All counsel shall immediately notify this Court in the event of settlement or dismissal, and the parties shall immediately file a Notice of Settlement.

Page 1 | SETTLEMENT

Case-specific motions in limine must be filed and served by 60 days before the Pretrial Conference and resolved or agreed to by 30 days before it.

All case specific Motions in Limine shall be filed by the moving party and served on all opposing parties no later than SIXTY (60) DAYS prior to the Pretrial Conference and resolved by hearing or agreed to by the parties no later than THIRTY (30) DAYS prior to the Pretrial Conference.

Page 1 | FILING AND RESOLUTION OF MOTIONS IN LIMINE AND ALL OTHER PRETRIAL NON-DISPOSITIVE MOTIONS

All intended trial exhibits must be provided to opposing counsel at least 30 days before the Pretrial Conference.

All exhibits intended to be offered, published, or utilized in any way, at trial, including, but not limited to, evidence, demonstrative purposes, impeachment and rebuttal, shall be exhibited to all opposing counsel THIRTY (30) DAYS prior to the Pretrial Conference.

Page 1 | TRIAL EXHIBITS

Defendants must disclose any retained sur-rebuttal expert witnesses within 14 days after service of Plaintiff’s rebuttal expert disclosure.

No later than FOURTEEN (14) DAYS after Defendant(s) is served with Plaintiff’s retained rebuttal expert witness disclosure, if any, Defendant’s shall disclose each retained sur-rebuttal expert witness, if any, who may testify at trial on behalf of Defendant(s).

Page 1 | DISCLOSURE OF RETAINED EXPERT WITNESSES

When filing a summary-judgment motion, the movant must simultaneously serve the supporting factual position.

At the time of filing a motion for summary judgment, the movant must serve the movant’s supporting factual position as provided in subdivision (1) above.” Fla. R. Civ. P. 1.510(c)(5).

Civil cases

Page 3 | Timing to File a Motion and Supporting Factual Position

A nonmovant must serve a response containing its supporting factual position no later than 40 days after service of the summary-judgment motion.

A non-moving party “must serve a response that includes the nonmovant’s supporting factual position as provided in subdivision (1) above” no later than 40 days after service of the motion for summary judgment.

Civil cases

Page 4 | Timing to File and Serve a Response and Supporting Factual Position

The Statement of Material Facts accompanying the motion and the opposition must be contemporaneously filed and served.

A motion for summary judgment and the opposition to it shall each be accompanied by a separate and contemporaneously filed and served Statement of Material Facts.

Civil cases

Page 6 | Statements of Material Facts Requirement

If applicable, Plaintiff must serve initial service of process on the specified defendants by no later than the court-entered deadline.

(If applicable) Initial Service of Process could not be timely made on Defendant(s) (enter name(s) of defendants) pursuant to Fla. R. Civ. P. 1.070, and in order to advance the resolution of the action within deadlines set forth in Rules 2.250(a)(1)(B) and 2.545(a), (b), and (e), Fla. R. Gen. Prac. & Jud. Admin. Plaintiff must serve initial service of process on such defendant(s) by NO LATER THAN (enter date), 20__.

Page 1 | ORDER FOLLOWING 150 DAY CASE MANAGEMENT CONFERENCE

The Notice of Hearing should list all motion(s) and the docket line of the motion, e-filed and served immediately after reserving hearing time.

The Notice of Hearing should list all motion(s) and the docket line of the motion, e-filed and served immediately after reserving hearing time.

Page 2 | B. Scheduling Procedures

Copies of each proposed order must be provided to all parties.

Proposed orders must be submitted to the Court via the E-Portal with copies to all parties.

Page 3 | D. Submission of Orders and Judgments

The attorney submitting an order must mail copies to unrepresented parties and file a Notice of Service.

The attorney submitting the order is responsible for ensuring copies of the order(s) are mailed to any unrepresented party or parties and a Notice of Service is filed on the case.

Page 4 | D. Submission of Orders and Judgments

Counsel must serve a copy of the order by regular mail on parties not receiving court filings through the Florida Courts E-Filing Portal and file a certificate of service.

Counsel shall serve a copy of this Order, by regular mail, to all parties not receiving service of court filings through the Florida Courts E-Filing Portal and shall file a certificate of service in the court file.

Page 4 | D. Submission of Orders and Judgments

A deposition notice must be served by the 15th of the preceding month for an Available Date, or at least 20 calendar days before a deposition scheduled on another date.

The party scheduling a deposition(s) during a reserved block of time shall serve a notice of taking deposition no later than (i) the 15th of the preceding calendar month prior to the desired deposition date if set on an Available Date; or (ii) twenty (20) calendar days before the deposition date if, set for a date other than an Available Date.

Civil cases

Page 1 | DEPOSITION AND MEDIATION SCHEDULING

The movant’s enclosure email must copy all opposing counsel or parties and provide several trial dates agreed upon by everyone.

The movant’s enclosure e-mail to the Court shall copy all opposing counsel/parties and provide several trial dates agreed to by all counsel/parties.

Civil cases

Page 7 | II.D Parties’ Agreement to Set Case for Trial

The movant must provide addressed, stamped envelopes to parties who do not receive pleadings and orders through the e-Portal.

The movant shall be responsible for providing addressed, stamped envelopes for parties not receiving pleadings and orders via the e-Portal.

Civil cases

Page 8 | II.H Service on Parties not Participating in E-Portal

The movant must provide a blank, stamped envelope to an appointed mediator who is not using the e-Portal.

Further, the Movant shall provide a blank, stamped envelope for the appointed mediator (if the mediator is not using e-Portal).

Civil cases

Page 8 | II.H Service on Parties not Participating in E-Portal

The party presenting the proposed order must provide addressed, stamped envelopes for parties not using e-Portal.

Further, the party presenting the proposed Order, shall be responsible for providing addressed, stamped envelopes for parties not using the e-Portal;

Civil cases

Page 19 | XXII. Proposed Orders When the Court Makes a Ruling Following a Hearing

If an unrepresented party does not receive e-filings, counsel must immediately mail or hand-deliver an addressed, stamped envelope to the Court.

If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope.

Civil cases

Page 19 | XXII. Proposed Orders When the Court Makes a Ruling Following a Hearing

The proposed order service list must contain an e-filing address for opposing counsel or an unrepresented party.

The proposed Order service list must contain e-filing addressed for opposing counsel/unrepresented party.

Civil cases

Page 19 | XXII. Proposed Orders When the Court Makes a Ruling Following a Hearing

When an unrepresented party does not use e-Portal, the proposed order must be submitted in writing with sufficient copies for the Court and each non-e-Portal party.

If there is an unrepresented party involved in the case not using the e-Portal, the proposed Order must be submitted to the Court in writing, with sufficient copies for an original to be entered by the Court and a copy for each party not using e-Portal.

Civil cases

Page 19 | XXII. Proposed Orders When the Court Makes a Ruling Following a Hearing

All counsel and unrepresented parties must receive the cover letter and proposed order at the same time they are provided to the Court.

All counsel and unrepresented parties must be copied on the cover letter, including any proposed Order, at the same time provided to the Court.

Civil cases

Page 20 | XXII.C. Proposed Orders Following Hearing

If counsel lacks an email address for an unrepresented party, counsel must mail or hand-deliver the proposed order and cover letter to the Court.

If counsel does not have an email address for an unrepresented party, counsel must mail or hand deliver the proposed Order and letter to the Court consistent with the instructions above.

Civil cases

Page 20 | XXII.C. Proposed Orders Following Hearing

Copies of the redline or blackline proposed order and hearing transcript must be provided to opposing counsel or an unrepresented party.

Copies of any such “redline” or “blackline’ version of the proposed order and hearing transcript shall be provided to opposing counsel/unrepresented party.

Civil cases

Page 20 | XXII. Proposed Orders When the Court Makes a Ruling Following a Hearing

If counsel lacks an email address for an unrepresented party, counsel must deliver the proposed order, cover letter, and all attachments to the court by mail or hand delivery.

If counsel does not have an email address for an unrepresented party, counsel must mail or hand-deliver the proposed Order, cover letter and all attachments to the Court consistent with the instructions above.

Civil cases

Page 21 | XXIII. Proposed Agreed or Consent Orders or Orders on Motions Not Objected To, Without a Hearing

Counsel must immediately provide the court by mail or hand delivery with an addressed, stamped envelope for any unrepresented party who does not receive e-filings.

If an unrepresented party does not receive e-filings, counsel must immediately mail or hand deliver to the Court an addressed, stamped envelope for that party.

Civil cases

Page 21 | XXIII. Proposed Agreed or Consent Orders or Orders on Motions Not Objected To, Without a Hearing

The proposed order's service list must include the e-filing addresses of opposing counsel or unrepresented parties.

counsel/unrepresented party agrees with the language of the proposed Order. The service list on the Order must contain e-filing addresses for opposing counsel/unrepresented parties.

Civil cases

Page 21 | XXIII. Proposed Agreed or Consent Orders or Orders on Motions Not Objected To, Without a Hearing

All parties must serve and file a notice for each treating physician and non-retained expert by the specified pre-conference deadline.

No later than (enter number) days prior to the Pre-Evidentiary Hearing Conference, all parties shall serve on all opposing counsel and file with the Court a notice containing the following information regarding each treating physician and non-retained expert witness who will testify at the evidentiary hearing as an expert witness on behalf of a party: (a) the name and address of the witness; (b) the area(s) of expertise of the witness; (c) the subject matter of the expected testimony of the witness; (d) the substance of the facts and opinions about which the witness is expected to testify; and (e) a summary of the grounds on which each of the opinions of the witnesses will be based.

Page 1 | TREATING PHYSICIANS AND NON-RETAINED EXPERT WITNESSES.

A courtesy copy of the Pre-Summary Judgment Hearing Stipulation must be emailed to the Court’s Judicial Assistant.

Counsel for the moving and non-moving parties shall prepare a Pre-Summary Judgment Hearing Stipulation (“Stipulation”) which shall be filed with the Court no later than five (5) days prior to the summary judgment hearing with a courtesy copy emailed to the Court’s Judicial Assistant and must contain the following:

Civil cases

Page 9 | Requirements of the Pre-Summary Judgment Hearing Stipulation

A courtesy copy of any filed exceptions or objections pleading must be emailed to the Court’s Judicial Assistant by the same deadline as filing.

a courtesy copy of any such filed exceptions/objections pleading must be emailed to the Court’s Judicial Assistant by the same deadline as the filing of the same;

Civil cases

Page 11

A courtesy copy of the filed proposed orders must be emailed to the Court’s Judicial Assistant by the same deadline as filing.

a courtesy copy of the filed respective proposed orders must be emailed to the Court’s Judicial Assistant in Word format by the same deadline as the filing of the proposed orders;

Civil cases

Page 11

Although hearing briefs are optional, any submitted hearing brief must have courtesy hard copies delivered to Judge Anderson’s chambers at least three business days before trial.

Hearing Briefs are not required, however, do the parties understand that if you choose to submit them, courtesy hard copies must be delivered to Judge Anderson’s chambers at least three (3) business days before trial to allow adequate time for review? Yes No

Civil cases

Page 1 | PRE-EVIDENTIARY HEARING CASE MANAGEMENT CONFERENCE CHECKLIST

A courtesy copy of the case status report must be provided to the Court before or at the Final Case Management Conference.

At least ten (10) days prior to the Final Case Management Conference, the parties shall confer to prepare a case status report, which shall be filed with the Clerk of the Court and a courtesy copy of the same provided to the Court either prior to or at the time of the Final Case Management Conference.

Civil cases

Page 1 | FINAL CASE MANAGEMENT CONFERENCE

Courtesy copies of documents or supplements intended for a hearing must be served on all parties at least 5 business days before the hearing.

All courtesy copies of documents or supplements that a Party desires the Court to consider at a hearing shall be served upon all Parties at least five (5) business days prior to the applicable hearing.

Civil cases

Page 1 | CASE MANAGEMENT CONFERENCES

Copies of Daubert or expert-witness-related motions must be delivered to the Court when those motions are filed and served.

A copy of all such motions shall be delivered to the Court at the same time they are filed and served.

Civil cases

Page 1 | DAUBERT OR OTHER EXPERT WITNESS ISSUES

One copy of the Joint Pretrial Stipulation must be mailed or delivered to the Court at least 15 days before the Pretrial Conference.

The original shall be filed with the Clerk and one copy shall be mailed or delivered to the Court no later than fifteen (15) days prior to the pretrial conference.

Civil cases

Page 1 | JOINT PRETRIAL STIPULATION

The party filing a motion for trial must email the Judicial Assistant one courtesy copy of the motion together with a completed Division CV-E Trial Set Memorandum.

The party filing the motion for trial must email to the Court’s Judicial Assistant a courtesy copy of the motion for trial together with a completed Division CV-E Trial Set Memorandum to schedule the action for trial pursuant to the division’s procedures (See Section II.) infra.

Civil cases

Page 7 | II.C Motion for Trial

When the parties agree by email to set the case for trial, the movant must email the Judicial Assistant a copy of the filed motion and a fully completed Division CV-E Trial Set Memorandum.

If the parties agree to set the case for trial via e-mail, the movant must e-mail a copy of the filed Motion for Trial and a fully completed Division CV-E Trial Set Memorandum to the Court’s Judicial Assistant.

Civil cases

Page 7 | II.D Parties’ Agreement to Set Case for Trial

If counsel plans to attend the ex parte hearing by phone or Zoom, counsel must email courtesy copies of the notice of hearing, motion to set trial, and fully completed Division CV-E Trial Set Memorandum.

In that case counsel shall e-mail the Court courtesy copies of the Notice of Hearing, Motion to Set, and a fully completed Division CV-E Trial Set Memorandum.

Civil cases

Page 8 | II.F Scheduling Ex Parte Hearing

A written motion with a courtesy copy emailed to the Court and a proposed consent order is required to obtain leave to appear by telephone or Zoom at a non-evidentiary hearing lasting more than thirty minutes.

Should counsel desire to attend a non-evidentiary hearing scheduled for more than thirty (30) minutes via telephone or Zoom, counsel must seek leave of Court by filing a written Motion and providing a courtesy copy of the Motion setting forth good cause to grant the Motion pursuant to Rule 2.530, Fla. R Gen. Prac. &. Jud. Admin. and proposed consent Order to the Court via electronic mail.

Civil cases

Page 9 | III. Setting Hearing for Pending Motion

A written motion with a courtesy copy and proposed consent order emailed to the Court is required to seek leave to present testimony remotely at an evidentiary hearing or trial.

Should counsel desire to participate in an evidentiary hearing or trial and present testimony through telephone, Zoom, or other communication technology, regardless of the duration of the hearing, counsel must seek leave of Court by filing a written motion setting forth good cause to grant the motion pursuant to Rule 2.530(b)(2), Fla. R Gen. Prac. & Jud. Admin. and providing a courtesy copy of the Motion and a proposed Consent Order to the Court via electronic mail.

Civil cases

Page 9 | III. Setting Hearing for Pending Motion

Hard-copy courtesy copies of filings and related devices for a motion set for a time-certain hearing must reach the Court no later than ten business days before the hearing, or immediately if the hearing is scheduled within that period.

Courtesy copies (hard copies) of all Court filings, including, but not limited to, documents as well as items such as flash drives, USB drives, CDs, and other devices pertaining to a motion set for a time certain scheduled hearing MUST be provided to the Court no later than ten (10) business days prior to the scheduled hearing or immediately if the hearing is scheduled within that time period.

Civil cases

Page 10 | III. Setting Hearing for Pending Motion

A motion exceeding 20 pages, including attachments, must not be emailed and must follow the referenced procedures for large documents.

However, any large documents (more than 20 pages, including attachments) must NOT be emailed, rather, in such case, the movant should follow the procedures set forth in Sections III. I. and J. supra.

Civil cases

Page 19 | XXI. Emergency Motion/Motion for Rehearing/Motion for New Trial

The movant must provide the Court a courtesy copy of the Motion by mail, hand delivery, or email.

The movant must provide the Court a courtesy copy of the Motion by mail, hand delivery or email.

Civil cases

Page 19 | XXI. Emergency Motion/Motion for Rehearing/Motion for New Trial

A courtesy copy of the motion, joint stipulation, or related material underlying the proposed order must be provided.

A courtesy copy of the motion, joint stipulation, etc. related to the proposed Order must be provided.

Civil cases

Page 20 | XXIII. Proposed Agreed or Consent Orders, or Orders on Motions Not Objected To, Without a Hearing

One courtesy copy of the proposed orders must be emailed to the Judicial Assistant in Word format by the proposed-order filing deadline.

a courtesy copy of the proposed orders must be emailed to the Court’s Judicial Assistant in Word format by the same deadline as the filing of the proposed orders;

Civil cases

Page 22 | XXIV. Proposed Orders After Court Takes Matter Under Advisement Following a Hearing

A courtesy copy of a filed exceptions or objections pleading must be emailed to the Judicial Assistant by its filing deadline.

a courtesy copy of any such filed exceptions/objections pleading must be emailed to the Court’s Judicial Assistant by the same deadline as the filing of the same.

Civil cases

Page 22 | XXIV. Proposed Orders After Court Takes Matter Under Advisement Following a Hearing

Upon resolving the motion, counsel must immediately notify the court, file a Notice of Cancellation of the Evidentiary Hearing, and email one courtesy copy to the judicial assistant.

All counsel shall immediately notify this Court in the event of resolution of the motion, and the parties shall immediately file a Notice of Cancellation of the Evidentiary Hearing and email a courtesy copy of the same to the Court’s Judicial Assistant.

Page 1 | RESOLUTION OF THE MOTION.

When resolution cancels other pending hearings, counsel must file cancellation notices, email courtesy copies to the judicial assistant, and prepare agreed orders for submission.

Counsel shall also notify the Court of any pending hearings that will be canceled as a result of the resolution of the motion by filing Notice(s) of Cancellation of such shearing(s), emailing courtesy copies of the same to the Court’s Judicial Assistant, and preparing Agreed Order(s) resolving such motion(s) to be submitted to the Court.

Page 1 | RESOLUTION OF THE MOTION.

A courtesy copy of the responding party’s privilege memorandum must be emailed to the Court’s Judicial Assistant.

A courtesy copy of the memorandum shall be provided to the Court’s Judicial Assistant by email.

Civil cases

Page 3 | Privilege Logs

A courtesy copy of any privilege amendment must be emailed to the Court’s Judicial Assistant.

A courtesy copy of any amendments to the privileges shall be provided to the Court’s Judicial Assistant by email.

Civil cases

Page 3 | Privilege Logs

The closing statement should not be publicly filed and should instead be submitted directly to the court under seal or brought to any hearing held.

The closing statement should NOT be filed with the Court and should be submitted to the Court directly under seal or be brought to the hearing if one is held.

Civil cases

Page 2 | ITEMS REQUIRED BY THE COURT

A party filing protected health information obtained by subpoena, discovery, or under a qualified protective order must identify it to the Circuit Court Clerk for sealing; a separate sealing order is not required.

Where a party who obtains protected health information from a covered entity by subpoena, other discovery, or in response to a qualified protective order, and the party files such information with the Court, the party shall identi$ such information to the Clerk of the Circuit Court for sealing. A separate order sealing the records is not required. Discovery shall only be filed with the Court in accordance with the Florida Rules of Procedure.

Civil cases

Page 2 | DIVISION CV-E STANDING ORDER ON DISCLOSURE OF PROTECTED HEALTH INFORMATION UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996

A party admitting protected health information into evidence must identify it to the Court and Circuit Court Clerk for the Court's determination whether to seal the evidence.

Any party who obtains protected health information from a covered entity where such information is admitted into evidence shall identifl, such information to the Court and the Clerk of the Circuit Court for a determination by the Court at that time whether the evidence will be sealed.

Civil cases

Page 2 | DIVISION CV-E STANDING ORDER ON DISCLOSURE OF PROTECTED HEALTH INFORMATION UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996

Counsel asserting privilege must send documents for in camera inspection to chambers in a sealed envelope marked “FOR IN CAMERA REVIEW/NOT TO BE FILED.”

For all documents submitted for in camera review pursuant to this Order, counsel for the party asserting the privileges raised shall send a cover letter to the Court’s chambers, enclosing documents for in camera inspection in a sealed envelope marked FOR IN CAMERA REVIEW/NOT TO BE FILED.

Civil cases

Page 2 | In Camera Review

Counsel should invoke the sealing process for private or sensitive information before the court record becomes publicly available.

If necessary, counsel should invoke the process of sealing private or sensitive information before the record becomes available as a public record.

Civil cases

Page 29 | PROTECTING CLIENT CONFIDENCES AND DATA

Information obtained during discovery should not be filed absent good cause, which exists only when another procedural rule or a court order permits or requires filing.

At a minimum, pursuant to Rule 1.280(g), information should not be filed with the court absent good cause, which is satisfied only when the filing of the information is allowed or required by another applicable rule of procedure or by court order.

Civil cases

Page 30 | PROTECTING CLIENT CONFIDENCES AND DATA

Materials submitted for in camera review will remain in camera through the case’s conclusion and may be filed under seal for appellate review.

The materials provided to the Court will be maintained in camera until the conclusion of this case and may be filed under seal for purposes of appellate review.

Civil cases

Page 3 | Privilege Logs

The parties must file their respective proposed orders as exhibits attached to the specified Notice of Filing cover pleading.

file the respective proposed orders as exhibits attached to a “Notice of Filing Plaintiff’s/Defendant’s Proposed Order on Defendant’s/Plaintiff’s Motion for Summary Judgment” cover pleading;

Civil cases

Page 11

The respective proposed orders must be filed as exhibits attached to the specified Notice of Filing Proposed Order cover pleading.

file the respective proposed orders as exhibits attached to a “Notice of Filing Plaintiff/Defendant’s Proposed Order on Defendant’s/Plaintiff’s Motion __________________” cover pleading in the court file;

Civil cases

Page 21 | XXIV. Proposed Orders After Court Takes Matter Under Advisement Following a Hearing

The parties should seek to file all exhibits jointly, but in the absence of a joint filing, must file uni- laterally at least 2 calendar days in advance.

The parties should seek to file all exhibits jointly, but in the absence of a joint filing, must file uni- laterally at least 2 calendar days in advance.

Page 7 | Remote Procedures Applicable to Evidentiary Hearings — 3.2.3 Document Procedures

Counsel are encouraged to timely file written argument supporting and opposing their positions.

Therefore, counsel are encouraged to timely file written argument supporting and opposing their positions with the Court.

Civil cases

Page 11 | Motion Hearings

The requesting party is encouraged, but not required, to divide in camera review requests into manageable batches rather than requesting review of all documents at once.

The party requesting the in camera review is encouraged to spread out the requests in batches for in camera review and otherwise make the work for the Court more manageable to the extent possible and need not request review of all documents in a single grouping.

Civil cases

Page 2 | In Camera Review

Counsel for both parties must meet no later than 12 days before the summary judgment hearing to confer, prepare the hearing stipulation, review the record, and narrow issues, and moving-party counsel must schedule the meeting.

No later than twelve (12) days prior to the summary judgment hearing, counsel for the moving and non-moving parties must meet together to: confer regarding the summary judgment motion and response; discuss and cooperate with each other to prepare a Pre-Summary Judgment Hearing Stipulation to be filed with the Court no later than five (5) days prior to the summary judgment hearing with a courtesy copy emailed to the Court’s Judicial Assistant; review the materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials supporting the factual position(s) contained in the motion and the factual position(s) contained in the response, or that otherwise may be referred to during the hearing; and complete all other matters which may narrow the issues for the summary judgment hearing and facilitate an efficient use of the scheduled and available hearing time. It is the responsibility of counsel for the moving party to schedule this meeting.

Civil cases

Page 9 | Pre-Hearing Meeting Requirement

Any timing issue identified in the stipulation must be raised in an appropriate written motion filed and heard before the summary judgment hearing.

Any timing issues shall be reduced to an appropriate written motion to be filed and heard prior to the summary judgment hearing.

Civil cases

Page 9 | Time to File a Summary Judgment Motion and Response Rule 1.510(b) and (c)(5)

Materials supporting the parties’ factual positions that are not in the record must be addressed by a consent or agreed order, or by an appropriate motion if the issue cannot be resolved.

To the extent such materials supporting the parties’ respective factual positions are not in the record, the parties shall either prepare a Consent or Agreed Order setting forth provisions to file such materials and make them part of the record to be considered by the Court or, in the event the parties are unable to resolve the issue(s), file an appropriate motion for the matter to be heard prior to or during the scheduled summary judgment hearing.

Civil cases

Page 9 | Materials in the Record/the Materials Cited Fla. R. Civ. P. 1.510(c)(1)(A), (B)

Specific admissibility objections must be reduced to an appropriate written objection or motion to strike filed and heard before the summary judgment hearing.

Any such specific admissibility objections shall be reduced to an appropriate written objection or motion to strike to be filed and heard prior to the summary judgment hearing.

Civil cases

Page 10 | Admissible Evidence Fla. R. Civ. P. 1.510(c)(2) and (4)

If the nonmovant cannot present essential opposition facts and the issue is unresolved, an appropriate motion incorporating the affidavit or declaration must be filed and heard before the summary judgment hearing.

Any such showing shall be reduced to an appropriate motion incorporating the nonmovant’s affidavit or declaration to be filed and heard prior to the summary judgment hearing in the event the issue cannot be resolved by a consent or agreed order.

Civil cases

Page 10 | Facts Unavailable to the Nonmovant Rule 1.510(d)

Before filing a motion to compel under Rule 1.380 or a motion for a protective order under Rule 1.280(c), counsel must confer in good faith with opposing counsel to resolve the dispute and file a certification of the conference and inability to resolve it.

Before hling a motion to compel pursuant to Rule 1.380, Florida Rules of civil Procedure, or a motion for a protective order, as provided in Rule 1.280(c), Florida Rul es of Civil Procedure, counsel for the movi ng pafty shall confer with counsel for opposing party in a good-faith effort to resolve by agreement the issues raised, and shall file with the court at the time ol filing of the motion a statement certifying that he or she has so conferred with opposing counsel and that counsel have been unable to resolve the disPute.

Civil cases

Page 1 | Florida Rule of Civil Procedure 1.380 — Failure to Make Discovery; Sanctions

Parties must meet and confer before filing a motion in a civil case.

Effective January I, 2025, Florida Rule ofCivil Procedure 1.202 titled "Conferral Prior to Filing Motions" requires parties to meet and confer before filing a motion in a civil case.

Civil cases

Page 1 | DIVISION CV-E GUIDELINES FOR RULE 1.202 CONFERRAL PRIOR TO FILING

Before scheduling a hearing on any motion other than motions for injunctive relief without notice, judgment on the pleadings, or to permit class action, parties must complete the mandatory meet-and-confer process.

Since January I, 2020, Division CV-E Policies and Procedures 1 published on the Fourth Judicial Circuit's website2 established a mandatory meet and confer process to occur before scheduling the hearing on all motions except for the following motions: injunctive reliefwithout notice;judgment on the pleadings; or to permit class action.

Civil cases

Page 1 | DIVISION CV-E GUIDELINES FOR RULE 1.202 CONFERRAL PRIOR TO FILING

Before filing a section 768.0427 motion and scheduling its hearing, counsel must consider and discuss the listed collateral-source-rule issues, and may also need to address other applicable issues.

In any event, at a minimum, counsel for the parties must consider and discuss the following during the conferral process prior to filing 768.0427 Motion and scheduling 768.0427 Motion hearings:

Civil cases

Page 2 | A. Collateral Source Rule History; B. Collateral Source Rule Post-Section 768.0427

Before filing a discovery motion or scheduling a hearing, the parties must confer in person or by communication technology and make a good-faith effort to resolve the dispute by agreed order.

The parties confirm they will comply with their duty to confer with the opposing party in-person or by communication technology in a good faith effort to resolve any discovery dispute by agreed order before filing a motion and scheduling a hearing.

Civil cases

Page 1 | Discovery Practice

A pre-filing conferral must involve a substantive, good-faith conversation in person, by telephone, or through communication technology; an exchange of ultimatums is insufficient, and any assertion of failed conferral must detail at least three attempts during the preceding month.

This Court construes the term “confer” as requiring a substantive conversation in person, by telephone, or by communication technology in a good faith effort to resolve the issues raised in the motion without the need to file the motion, and does not envision an exchange of ultimatums by text, e-mail, fax, or letter. A statement that counsel attempted to confer with opposing counsel is insufficient unless the good faith statement details the date and time of at least three attempts to confer that occurred within the one-month period prior to the filing of the motion. The rule 1.202 Certificate of Conferral should describe, with particularity, all of the efforts undertaken to accomplish dialogue with the opposing party or opposing party’s counsel prior to filing the subject motion.

Civil cases

Page 11 | L. Meet and Confer Requirement Prior to Filing the Motion

Before filing a motion, the movant must confer in good faith with the opposing party to resolve the motion’s issues, subject to the listed motion exceptions.

Pursuant to Fla. R. Civ. P. 1.202(a), before filing a motion, except for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, or to involuntary dismiss an action, the movant must confer with the opposing party in a good faith effort to resolve the issues raised in the motion.

Civil cases

Page 11 | L. Meet and Confer Requirement Prior to Filing the Motion

Counsel with full authority to resolve the matter shall 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 Conferral Prior to Scheduling Motion for Hearing (attached hereto as “Exhibit B” “First Option”) that the conference has occurred with the Notice of Hearing filed with the court. It shall be the responsibility of counsel who schedules the hearing to arrange the conference.

Counsel with full authority to resolve the matter shall 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 Conferral Prior to Scheduling Motion for Hearing (attached hereto as “Exhibit B” “First Option”) that the conference has occurred with the Notice of Hearing filed with the court. It shall be the responsibility of counsel who schedules the hearing to arrange the conference.

Civil cases

Page 12 | M. Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion

In Circuit Civil Division CV-E, counsel must confer before scheduling a hearing on a motion, except for the specifically listed motions.

A mandatory meet and confer process is hereby established as set forth below, for all motions to be set for hearing in Circuit Civil Division CV- E and to occur before scheduling the hearing except for the following motions: injunctive relief without notice; judgment on the pleadings; default, default final judgment, default summary judgment; or to permit maintenance of a class action.

Civil cases

Page 12 | M. Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion

A qualifying pre-scheduling conference requires a substantive, good-faith conversation in person, by telephone, or through communication technology rather than an exchange of ultimatums.

The term “confer” requires a substantive conversation in person, by telephone, or by communication technology 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. Counsel who merely attempt to confer have not conferred for purposes of this Order.

Civil cases

Page 12 | M. Meet and Confer Requirement Prior to Scheduling a Hearing on the Motion

(vi) Failure to make a good-faith effort to resolve the issues raised in the motion before scheduling a hearing on the motion may, in the Court’s discretion, result in the hearing being canceled, the motion stricken from the Court’s calendar or denied, the imposition of sanctions, and/or the denial of any monetary or non-monetary sanctions requested by movant in the motion. The Court may waive this good-faith effort requirement under appropriate circumstances.

(vi) Failure to make a good-faith effort to resolve the issues raised in the motion before scheduling a hearing on the motion may, in the Court’s discretion, result in the hearing being canceled, the motion stricken from the Court’s calendar or denied, the imposition of sanctions, and/or the denial of any monetary or non-monetary sanctions requested by movant in the motion. The Court may waive this good-faith effort requirement under appropriate circumstances.

Civil cases

Page 13 | III. Setting Hearing for Pending Motion

Every discovery motion and motion to compel must be set for hearing; filing without scheduling will be treated as abandonment of the motion.

All discovery motions and motions to compel must be set for hearing to bring the matter to the Court’s attention. The mere filing of a motion is insufficient. Any motions filed but not set for hearing will be considered abandoned.

Civil cases

Page 14 | VIII. Motion to Compel or Motion for Sanctions for Failure to Produce Discovery and Motion for Protective Order

A motion in limine may not be scheduled for hearing unless counsel completed the meet-and-confer requirement and included the required certificate of conferral in the motion.

MIL may not be scheduled for a hearing unless counsel have complied with the “Meet and Confer” Requirement (See Sections III L. and M.), supra and such MIL contain a certification of a good faith attempt as to each item to resolve the matter without court action in the form of a Certificate of Conferral Prior to Filing Motion (attached hereto as Exhibit A”) that the conference has occurred in the MIL

Civil cases

Page 18 | XX. Motions in Limine (MIL)

Counsel must raise a Daubert challenge as soon as reasonably aware of its basis, and must advance the motion and seek a hearing promptly after filing; an untimely motion is generally not considered and failure to advance it may result in waiver.

Accordingly, counsel have an obligation to raise a Daubert challenge as soon as the party is reasonably aware of the basis for it. Absent “exceptional circumstances,” an untimely Daubert motion will not be considered by the Court. After filing the Daubert motion, the moving party has an obligation to advance the motion by bringing it to the Court’s attention and timely seeking a hearing. The Court shall consider the failure to do so a waiver.

Civil cases

Page 1 | PROCEDURES FOR SCHEDULING F.S. 90.702 (“DAUBERT”) TYPE HEARINGS IN DIVISION CV-E

Daubert hearings must be scheduled and heard at least 30 days before the pretrial conference.

ALL HEARINGS OF THIS NATURE MUST BE SCHEDULED AND HEARD AT LEAST THIRTY (30) DAYS PRIOR TO THE PRE-TRIAL CONFERENCE.

Civil cases

Page 1 | PROCEDURES FOR SCHEDULING F.S. 90.702 (“DAUBERT”) TYPE HEARINGS IN DIVISION CV-E

Counsel must meet and confer under the Division CV-E Policies and Procedures to resolve objections to the admissibility of expert opinion testimony after filing and serving a qualifying Daubert or expert-witness motion.

Once a timely, proper, facially sufficient, case-specific and expert-specific Daubert motion or motion related to other expert witness issues such as qualification(s) or opinion(s) has been filed and served on opposing counsel pursuant to the Order Setting Case for Trial and Pre-Trial Conference and Requiring Matters to be Completed Prior to Pre-Trial Conference, counsel shall comply with the specific provisions of the “Division CV-E Policies and Procedures” related to this motion, including but not limited to, the “Meet and Confer” Requirements (Section III. L. and M.). Counsel shall meet and confer pursuant to said “Meet and Confer” Requirements (Section III. L. and M.) of the “Division CV-E Policies and Procedures” to resolve any issues or objections to the admissibility of expert opinion testimony.

Civil cases

Page 4 | PROCEDURES FOR SCHEDULING F.S. 90.702 (“DAUBERT”) TYPE HEARINGS IN DIVISION CV-E

A mandatory meet-and-confer process is required before scheduling a hearing on most motions, with exceptions for specified motion types.

Since January 1, 2020, Division CV-E Policies and Procedures1 published on the Fourth Judicial Circuit’s website2 established a mandatory meet and confer process to occur before scheduling the hearing on all motions except for the following motions: injunctive relief without notice; judgment on the pleadings; or to permit class action.

Civil cases

Page 1 | DIVISION CV-E PROCEDURES FOR SCHEDULING AND HEARING MOTIONS REQUIRING EVIDENTIARY HEARING

A motion to continue a summary judgment hearing should include an affidavit or declaration explaining the discovery not yet conducted, the discovery expected, why it has not been obtained, and how it will defeat the motion.

An appropriate affidavit or declaration should be attached to a motion to continue the hearing that explains: what discovery the nonmovant has not been able to conduct; what the nonmovant expects to discover; why the nonmovant has not been able to obtain the discovery so far; and how the anticipated discovery will defeat the summary judgment motion.

Civil cases

Page 6 | Premature Summary Judgment Motions

The parties may extend the order's deadlines only with court approval, either through an agreed order submitted to the court or a court order entered after a hearing on disputed extension requests.

The parties are not permitted to grant extensions to the deadlines set forth in this Order, without Court Approval in the form of an Agreed Order submitted to the Court or an Order entered by the Court after hearing argument concerning any disputes between the parties regarding such deadline extensions.

Civil cases

Page 1 | AGREED CASE MANAGEMENT ORDER REGARDING SETTLEMENT

The deadline for Plaintiff to serve initial process may be extended only to the court-entered date; no further extension will be granted.

(If necessary) Plaintiff(s) deadline to serve initial service of process on Defendant(s) (enter name(s) of defendants) pursuant to Fla. R. Civ. P. 1.070 is hereby extended to (enter date), 20__. No further extensions of the deadline to serve initial service of process on said Defendant(s) will be granted.

Page 1 | ORDER FOLLOWING 150 DAY CASE MANAGEMENT CONFERENCE

A continuance or extension motion must be approved at a hearing no later than the Pretrial Conference, and noncompliant motions will not be heard absent good cause.

Any such motion(s), stipulation(s), or agreement(s) must be approved upon hearing by the Court no later than the Pretrial Conference. No such motion will be heard that is not in compliance with this Order except upon good cause shown.

Page 1 | CONTINUANCES

A continuance or deadline-extension request that changes the trial period must be written and include specified reasons, opposition status, readiness details, proposed dates, signatures, and conferral information.

motions for continuance or stipulations/agreements and motions to amend or extend deadlines set forth in this order that change the trial period, even if agreed, must be in writing and state with specificity the following: The signature of the named party and the attorney representing the party requesting the continuance except for good cause shown; a concise statement of the facts and reasons that form the basis of the need for the continuance, including when the basis became known to the movant; whether the motion is opposed; 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 participant such as third-party witnesses or experts are available; the proposed date by which the case will be ready for trial and whether that date is agreed to by all parties; and either a certificate of conferral substantially in the form provided in rule 1.202(b), Fla. R. Civ. P., or if the conference required in rule 1.460(d), Fla. R. Civ. P. did not occur, an explanation of the dates and methods of the efforts to confer substantially in the alternative form provided in rule 1.202(b), Fla. R. Civ. P.

Page 1 | CONTINUANCES

Continuances are disfavored, require good cause and at least five days' advance submission, and generally must be signed by the requesting party absent good cause.

Continuances are disfavored and will be granted only upon good cause shown. A request for continuance must be submitted at least five (5) days prior to the scheduled court date. Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545(e).

Page 5 | I. Setting Case for Trial

A continuance or trial-period extension request must be written and state the required signature, reasons, opposition, readiness actions and dates, proposed trial date, and conferral certificate or explanation of conferral efforts.

motions for continuance or stipulations/agreements and motions to amend or extend deadlines set forth in this order that change the trial period, even if agreed, must be in writing and state with specificity the following: the signature of the named party and the attorney representing the party requesting the continuance except for good cause shown; a concise statement of the facts and reasons that form the basis of the need for the continuance, including when the basis became known to the movant; whether the motion is opposed; 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 participant such as third-party witnesses or experts are available; the proposed date by which the case will be ready for trial and whether that date is agreed to by all parties; and either a certificate of conferral substantially in the form provided in rule 1.202(b), Fla. R. Civ. P., or if the conference required in rule 1.460(d), Fla. R. Civ. P. did not occur, an explanation of the dates and methods of the efforts to confer substantially in the alternative form provided in rule 1.202(b), Fla. R. Civ. P..

Civil cases

Page 1 | CONTINUANCES

A continuance or extension motion must be approved at a hearing no later than the Pretrial Conference, and noncompliant motions will not be heard absent good cause.

Any such motion(s), stipulation(s), or agreement(s) must be approved upon hearing by the Court no later than the Pretrial Conference. No such motion will be heard that is not in compliance with this Order except upon good cause shown.

Civil cases

Page 1 | CONTINUANCES

The provisions and deadlines of this Order, to the extent they can be modified or extended, shall only be modified, or extended upon motion/stipulation and written Court order.

The provisions and deadlines of this Order, to the extent they can be modified or extended, shall only be modified, or extended upon motion/stipulation and written Court order.

Civil cases

Page 1 | MODIFICATION OF THIS ORDER; EXTENSION OF TIME LIMITS AND DEADLINES

The court must approve a compliant continuance motion, stipulation, or agreement by the pre-evidentiary hearing conference; noncompliant motions will be heard only on a showing of good cause.

Any such motion(s), stipulation(s), or agreement(s) must be approved upon hearing by the Court no later than the Pre-Evidentiary Hearing Conference. No such motion will be heard that is not in compliance with this Order except upon good cause shown.

Page 1 | CONTINUANCE OF THE EVIDENTIARY HEARING.

No party may unilaterally, individually, or by agreement waive or modify the order; modifications and extensions require a motion or stipulation and a written court order.

The parties shall not unilaterally, individually or by agreement, modify this Order or waive any of the provisions of this Order. The provisions and deadlines of this Order, to the extent they can be modified or extended, shall only be modified, or extended upon motion/stipulation and written Court order.

Page 1 | MODIFICATION OF THIS ORDER; EXTENSION OF TIME LIMITS AND DEADLINES.

Unresolved extensions to the listed deadlines or other permissible deadline changes require a showing of good cause and court approval by written order.

Extensions to the specific deadlines set forth in paragraphs 5-7, 9-13, 17, 18, and 19 above, and any other permissible extension of the deadlines or compliance dates established herein or modifications of this order, that the parties are unable to resolve, requires Court approval for good cause shown and a written Court order.

Page 1 | MODIFICATION OF THIS ORDER; EXTENSION OF TIME LIMITS AND DEADLINES.

The parties may extend most order deadlines without court approval, except for the listed paragraphs and any extension that would continue the evidentiary hearing or trial.

The parties are permitted to grant extensions to the deadlines set forth in this order, without Court approval, except for paragraphs 5-7, 9-13, 17, 18, and 19 above, provided that any such deadline extension agreement does not cause a continuance of the evidentiary hearing or the trial.

Page 1 | MODIFICATION OF THIS ORDER; EXTENSION OF TIME LIMITS AND DEADLINES.

A written continuance request must be signed and explain the reasons, requested duration, future readiness date, and any witness-availability alternatives.

Accordingly, motions for continuance of the evidentiary hearing or stipulations/agreements and motions to amend or extend deadlines set forth in this order that change the trial period must be in writing and set forth the following: The signature of the party and the attorney representing the party requesting the continuance of the evidentiary hearing. A concise statement of the facts and reasons for the continuance. If a continuance is sought on the ground of nonavailability of a witness, the motion must show when it is believed the witness will be available and whether preserving their testimony by pre-evidentiary hearing deposition or allowing the witness(es) to appear via Zoom videoconferencing technology would allow the Court to avoid a continuance. Length of time requested for the continuance and when the case will be subsequently prepared for the evidentiary hearing with all witnesses available to testify.

Page 1 | CONTINUANCE OF THE EVIDENTIARY HEARING.

A scheduled Daubert hearing will not be continued unless the court orders the continuance.

once scheduled, such hearings will not be continued without a court order.

Civil cases

Page 1 | PROCEDURES FOR SCHEDULING F.S. 90.702 (“DAUBERT”) TYPE HEARINGS IN DIVISION CV-E

The court must approve a continuance or extension motion on hearing by the Pretrial Conference, and a noncompliant motion will not be heard absent good cause.

Any such motion(s), stipulation(s), or agreement(s) must be approved upon hearing by the Court no later than the Pretrial Conference. No such motion will be heard that is not in compliance with this Order except upon good cause shown.

Page 1 | CONTINUANCES.

A continuance or trial-period-changing extension request must be written and state the specified continuance information.

motions for continuance or stipulations/agreements and motions to amend or extend deadlines set forth in this order that change the trial period, even if agreed, must be in writing and state with specificity the following:

Page 1 | CONTINUANCES.

A continuance request must include a certificate of conferral or, if the required conference did not occur, an explanation of the conferral efforts.

either a certificate of conferral substantially in the form provided in rule 1.202(b), Fla. R. Civ. P., or if the conference required in rule 1.460(d), Fla. R. Civ. P. did not occur, an explanation of the dates and methods of the efforts to confer substantially in the alternative form provided in rule 1.202(b), Fla. R. Civ. P..

Page 1 | CONTINUANCES.

Rescheduling, cancellation, extension, or postponement requests must rest on reasonably legitimate reasons and must not be sought solely for delay or unfair advantage.

13. A lawyer should not request rescheduling, cancellations, extensions, or postponements without reasonably legitimate reasons and never solely for the purpose of delay or obtaining unfair advantage.

Page 4 | B. SCHEDULING, CONTINUANCES, AND EXTENSIONS OF TIME

A lawyer should accede to reasonable requests for extensions and postponements when doing so would not prejudice the client's opportunity for full, fair, and prompt adjudication.

8. A lawyer should accede to all reasonable requests for scheduling, rescheduling, cancellations, extensions, and postponements that do not prejudice the client's opportunity for full, fair, and prompt consideration and adjudication of the client's claim or defense.

Page 4 | B. SCHEDULING, CONTINUANCES, AND EXTENSIONS OF TIME

Reasonable response-deadline extensions should ordinarily be agreed to by email or correspondence unless time is of the essence or court rules require a motion and order, and arbitrary deadline enforcement should be avoided when no real prejudice would result.

9. Requests for reasonable extensions of time to respond to litigation deadlines, whether relating to pleadings, discovery, or motions, ordinarily should be granted between counsel as a matter of courtesy unless time is of the essence, and unless the Court or rules of procedure require a motion and order as to the requested extension, counsel should agree to extensions of time via email or other correspondence to create efficient and cost effective litigation, and to avoid unnecessary motion practice. Unreasonable and arbitrary adherence to deadlines, often set very early in the litigation process, should be avoided whenever doing so can better accommodate schedules and while not causing any real prejudice to the rights of the client. Professionalism and courtesy should not be subordinated to opportunism or arbitrary inflexibility.

Page 4 | B. SCHEDULING, CONTINUANCES, AND EXTENSIONS OF TIME

An extension should not carry unfair or extraneous conditions or be used to preclude an opponent's substantive rights, although reciprocal scheduling concessions may be preserved.

12. A lawyer should not attach to extensions unfair and extraneous conditions. A lawyer is entitled to impose conditions, such as preserving the right to seek reciprocal scheduling concessions. However, when granting extensions, a lawyer should not seek to preclude an opponent's substantive rights, such as the right to move against a complaint.

Page 4 | B. SCHEDULING, CONTINUANCES, AND EXTENSIONS OF TIME

All communications with the Court must be emailed to DuvalFC@coj.net.

All communications with the Court must be submitted to the Foreclosure Case Management Office by email at DuvalFC@coj.net.

Page 1 | A. Communications with the Court

All parties must be copied on emails to the judicial office unless law authorizes an ex parte communication.

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

Page 1 | A. Communications with the Court

A hearing may not be canceled without the Court's consent.

Once a hearing is set, it may NOT be cancelled without the consent of the Court.

Page 2 | B. Scheduling Procedures

A requested hearing date or time is not secured until the Foreclosure Case Management Office sends confirmation.

Hearing dates/times are not secured until confirmation is sent from the Foreclosure Case Management Office.

Page 2 | B. Scheduling Procedures

No party may add or notice additional matters in a hearing slot without the Foreclosure Case Management Office's express consent.

Once a hearing time is set, no party may add or notice additional matters for that time without the express consent from the Foreclosure Case Management Office.

Page 2 | B. Scheduling Procedures

Attorneys and self-represented litigants must provide an email address for electronic receipt of signed orders unless excused.

All attorneys and self-represented litigants must provide an email address to receive signed orders electronically, unless excused.

Page 2 | A. Communications with the Court

The moving party that set a hearing must contact the Court to request cancellation.

The moving party who set the hearing is the party responsible for contacting the Court to request the hearing be canceled.

Page 2 | B. Scheduling Procedures

A party may not treat a hearing as removed merely because a notice of cancellation or dismissal was filed.

Do NOT assume the hearing is removed by filing a notice of cancelation, notice of dismissal, etc.

Page 2 | B. Scheduling Procedures

For an emergency pleading, only one copy must be delivered to the court office by email, mail, or hand delivery.

The Court requires a copy to be delivered to the office by email, mail or hand delivery. Please send only one copy.

Page 4 | F. Emergency and Other Urgent Matters

A motion seeking more than one hour of hearing time must be scheduled ex parte, and counsel must confer and email the Judicial Assistant a Division CV-E Trial Set Memorandum estimating the hearing time.

Any Motion, regardless of whether the hearing will be conducted in person, telephonically, and/or via Zoom, for which counsel is seeking more than one hour of hearing time must be scheduled with the Court during Ex Parte (See Section I, supra) and counsel shall meet and confer to prepare a Division CV-E Trial Set Memorandum estimating the time required for such motion hearing to be emailed to the Court’s Judicial Assistant for consideration by the Court.

Civil cases

Page 13 | V. Hearing Requiring More Than One (1) Hour

A hearing is not canceled until confirmed by the Court; counsel should continue seeking confirmation if none is received, because filing a Notice of Cancellation with the Clerk is insufficient.

B. DO NOT assume the hearing is automatically removed from the Court’s calendar. If you do not receive a telephone call or email confirming the cancellation, please try contacting the Judicial Assistant again. A Notice of Cancellation that has been e-filed with the Clerk is not sufficient notice of a cancellation. Cancellation of a hearing MUST be confirmed with and by the Court.

Civil cases

Page 14 | VII. Cancellation of Hearing

The Court will not consider unsolicited communications from non-parties.

Unsolicited communications from non-parties will not be considered by the Court.

Page 1 | A. Communications with the Court

Each email to the Court must identify the case number, case name, and relevant matter in its subject line.

The subject line must contain the case number, case name, and relevant matter (e.g., 2025 CA 001234 – ABC v. 123 - 2-Hour Hearing Requested.).

Page 1 | A. Communications with the Court

Attorneys and self-represented litigants must use Form 2.603 whenever their electronic-service email account 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 email account registered for electronic service.

Page 2 | A. Communications with the Court

The Foreclosure Case Management Office will confirm a hearing cancellation.

The Foreclosure Case Management Office will confirm the cancellation.

Page 2 | B. Scheduling Procedures

A party requesting a hearing on a pending pleading should email the Foreclosure Case Management Office and copy all other parties.

The party requesting a hearing on any pending pleading should email the Foreclosure Case Management Office copying all other parties at DuvalFC@coj.net.

Page 2 | B. Scheduling Procedures

Ex parte hearings are suspended in Division FC-E.

Ex-parte hearings are currently suspended for Division FC-E.

Page 2 | B. Scheduling Procedures

Hearing coordination must use E-Portal with opposing counsel or pro se parties unless an ex parte communication is authorized by law.

All hearings must be coordinated with opposing counsel or pro se parties utilizing E-Portal unless an ex-parte communication is authorized by law.

Page 2 | B. Scheduling Procedures

Counsel attending an ex parte hearing by phone or Zoom must schedule a time-certain hearing and file and email a Notice of Hearing containing participation instructions and identifying in-person participants.

If any counsel, local and/or out-of-town counsel plan on attending the ex parte hearing by phone or by Zoom, please contact the Court to schedule a time-certain hearing and file a Notice of Hearing containing specific telephonic instructions or a Zoom invitation, identifying any parties/counsel appearing in-person at such hearing, and e-mail the Notice to the Court at pfields@coj.net.

Civil cases

Page 6 | I. EX PARTE HEARINGS

Counsel must promptly call the Court’s Chambers at the time of a telephonic hearing.

Counsel must call the Court’s Chambers at the number above promptly at the time of the telephonic hearing.

Civil cases

Page 10 | III. Setting Hearing for Pending Motion

Counsel who resolves or narrows motion issues at the conference must inform the Court and Judicial Assistant.

(v) Counsel who notices the hearing shall ensure that the Court and the Court’s Judicial Assistant are aware of any narrowing of the issues or other resolution as a result of the conference.

Civil cases

Page 13 | III. Setting Hearing for Pending Motion

When canceling a hearing, counsel is asked to call the Court with opposing counsel present and may alternatively email the Judicial Assistant while copying opposing counsel.

A. When cancelling a hearing, please call the Court with opposing counsel’s office on the line. You may also email the Judicial Assistant and copy opposing counsel notifying the Judicial Assistant of the cancellation.

Civil cases

Page 14 | VII. Cancellation of Hearing