Nineteenth Judicial Circuit of Florida, Indian River, Martin, Okeechobee and St. Lucie Counties
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements2 rules
Proposed agreed jury instructions must omit titles, citations, and requester information unless disputed, use the parties’ names, and identify instructions to which any party objects.
Court's wording
The proposed agreed jury instructions should not contain jury instruction titles for each proposed instruction, any citations, nor any information as to who requested the instruction unless the instruction is not agreed to. The jury instructions should be personalized to use the parties’ names instead of “Plaintiff” or “Defendant.” Counsel must identify all jury instructions to which there is an objection by any party.
Final jury instructions and verdict forms must be submitted to the Court in printed form appropriate for submission to the jury.
Document Filing Requirements17 rules
Pursuant to Rule 1.200, Florida Rules of Civil Procedure, the case management order must specify, at a minimum, deadlines for the following events: service of complaints; service under extensions; adding new parties;
A streamlined or general civil case management order must include at least the content and categories provided in Attachment A.
Court's wording
The case management order for a streamlined or general civil case must at minimum contain the content/categories in the form provided in Attachment A to this Administrative Order, consistent with the requirements of Rule 1.200, Florida Rules of Civil Procedure.
All Case Management Plan Orders shall be strictly enforced by the Court, and each Order must indicate that the Order “will be strictly enforced unless changed by court order.”
A court may order case management conferences at any time or upon proper request and notice by a party. The order or notice must identify the specific topics for the conference and any motions to be heard.
The Pre-Trial Stipulation must set out the specified case statement and agreed facts in separate paragraphs.
Court's wording
The Pre-Trial Stipulation must contain the following in separate paragraphs: a. A brief statement of the case to be read to the prospective jurors at the beginning of jury selection; b. A statement of agreements and stipulated facts which require no proof at trial;
The following rules for mediation apply, and must be specifically listed in the Notice of Mediation:
The parties must present a brief written summary of the facts and issues to the mediator five (5) days before the conference;
The pre-trial stipulation must list exhibits by objection status, state specific objections and reasons, and describe exhibits with reasonable specificity; exhibits must be marked and filed with the Clerk before trial.
Court's wording
All exhibits must be marked and filed with the Clerk prior to trial as follows: 1. Plaintiff’s list of all exhibits to be admitted in evidence without objection by the Defendant; 2. Defendant’s list of all exhibits to be admitted in evidence without objection by the Plaintiff; 3. A list of all other exhibits of the Plaintiff, that are objected to by the Defendant, noting the specific evidentiary objections and the reasons therefore; 4. A list of all other exhibits of the Defendant, that are objected to by the Plaintiff, noting the specific evidentiary objections and the reasons therefore; 5. Exhibits must be reasonably specific in their description. "All documents produced during discovery" or such similar description is not acceptable.
Any failure on the part of any counsel to act in good faith to comply with this Case Management Plan must be reported to the Court by the filing of a "Suggestion of Non- Compliance with Case Management Plan," served on all counsel, and set for hearing in a timely manner by the reporting party.
If the parties/counsel determines the service list is incorrect/incomplete, they shall notify the Court immediately, in writing, via their Certificate of Mailing/Service.
Each streamlined or general civil case management plan and order must include deadlines for service and adding parties, fact and expert discovery, and resolution of pleading objections and pretrial motions.
Court's wording
For each streamlined or general civil case, the Circuit and County Courts shall utilize a case management plan and order which shall include, at a minimum: 1. Deadlines for service of complaints, service under extensions, and adding new parties; 2. Deadlines to complete fact and expert discovery; 3. Deadlines for all objections to pleadings and pretrial motions to be resolved;
6. Indicate that deadlines will be strictly enforced by the court; and
For cases filed before April 30, 2021, the case management order must include the projected trial date and the deadlines listed above if the event has not already occurred or has not already been specified by a separate court order.
7. Indicate that a firm trial date will be ordered by the presiding judge when the case is at issue pursuant to Florida Rule of Civil Procedure 1.440, Setting Action for Trial.
5. Projected date of trial;
Include
- •Projected date of trial
4. Deadline for mediation to have occurred;
Jury Trial or Non-Jury Trial? Delineation Shall Constitute a Waiver Pursuant to Fla. R. Civ. P. 1.430:
Filing & Service rules
Electronic Filing Rules
The list of expert witnesses with deposition dates must be e-filed.
Disclosure of Expert Witnesses with deposition dates (list e-filed)
Civil cases
Page 5 | ATTACHMENT A — CASE MANAGEMENT PLAN
Deposition designations must be e-filed.
Deposition Designations (e-filed)
Civil cases
Page 5 | ATTACHMENT A — CASE MANAGEMENT PLAN
The fact-witness list must be e-filed.
Disclosure of Fact Witnesses (list e-filed)
Civil cases
Page 5 | ATTACHMENT A — CASE MANAGEMENT PLAN
The exhibit list must be e-filed.
Exhibit List (list e-filed)
Civil cases
Page 5 | ATTACHMENT A — CASE MANAGEMENT PLAN
The list of deposition counter-designations must be e-filed.
Deposition Counter Designations (list e-filed)
Civil cases
Page 6 | ATTACHMENT A — CASE MANAGEMENT PLAN
The joint pretrial stipulation must be e-filed 10 days before the trial period.
JOINT Pre-Trial Stipulation E-filed 10 days prior the trial E-filed: period
Civil cases
Page 6 | ATTACHMENT A — CASE MANAGEMENT PLAN
The plaintiff must coordinate mediation and electronically file a Notice of Mediation.
Plaintiff must coordinate the mediation conference and must e-file a Notice of Mediation.
Civil cases
Page 8 | IV. MEDIATION
Filing Timing and Cure Windows
Parties seeking complex designation must initially file and serve the general track case management plan and order within 120 days after commencement, then file an appropriate motion to declare the case complex under Rule 1.201.
Parties seeking to have a case designated as complex must initially file and serve the general track case management plan and order no later than 120 days after commencement of the action as provided in Rule 1.050, Florida Rules of Civil Procedure, and thereafter, comply with Rule 1.201, Florida Rules of Civil Procedure, by filing an appropriate motion to declare the case complex.
Civil cases
Page 2 | IN RE: CIVIL CASE MANAGEMENT AND RESOLUTION
A case management plan and order for each streamlined or general civil case must be filed no later than 120 days after commencement.
For each streamlined or general civil track case, the Circuit and County Courts shall utilize a case management plan and order which shall be filed no later than 120 days after commencement of the action as provided in Rule 1.050, Florida Rules of Civil Procedure.
Civil cases
Page 2 | IN RE: CIVIL CASE MANAGEMENT AND RESOLUTION
For cases filed on or after April 30, 2021, a case management order must issue by the later of 45 days after a statutory stay or moratorium ends and 30 days after the last named defendant is served with the complaint.
Cases filed on or after April 30, 2021: Within 45 days after the stay or the moratorium ends or within 30 days after service of the complaint on the last of all named defendants (whichever date is later); or
Civil cases
Page 3 | IV. The Case Management Order in Streamlined and General Cases
In cases subject to dismissal for lack of prosecution or failure to appear at a case management conference, a case management order must issue within 30 days after the court determines the case should remain pending.
If the case is subject to dismissal for 1) lack of prosecution pursuant to Florida Rule of Civil Procedure 1.420(e) or 2) failure to appear at a case management conference pursuant to Florida Rule of Civil Procedure 1.200(a)&(c), then a case management order must be issued within 30 days after the Court determining that the case should remain pending.
Civil cases
Page 3 | IV. The Case Management Order in Streamlined and General Cases
The plaintiff must submit the case management plan and order to the judge for final approval within 30 days after the last defendant is served with the complaint.
The case management plan and order must be submitted to the judge by the plaintiff for final approval no later than thirty days after the last defendant is served with the complaint.
Civil cases
Page 3 | IV. The Case Management Order in Streamlined and General Cases
In streamlined cases, all objections to pleadings and pretrial motions must be resolved within 45 days after filing and before the pretrial conference, absent a different order for good cause.
Deadlines for all objections to pleadings and pretrial motions to be resolved: Within 45 days after filing and prior to the pretrial conference;
Civil cases
Page 4 | IV. The Case Management Order in Streamlined and General Cases
For cases filed before April 30, 2021, a case management order was due by December 3, 2021, when no statutory stay or moratorium applied.
Cases filed before April 30, 2021: By December 3, 2021.
Civil cases
Page 4 | IV. The Case Management Order in Streamlined and General Cases
The visible text sets a 120-day service deadline in general cases, but the sentence is incomplete and may state an extension or qualification.
Deadlines for service of complaints, service under extensions, and adding new parties: Service within 120 days of filing of the complaint unless an
Civil cases
Page 4 | IV. The Case Management Order in Streamlined and General Cases
In streamlined cases, the projected trial date must be within 12 months after the complaint is filed, absent a different order for good cause.
Projected date of trial: Within 12 months of filing of complaint.
Civil cases
Page 4 | IV. The Case Management Order in Streamlined and General Cases
In streamlined cases, mediation must occur within 270 days after the complaint is filed, absent a different order for good cause.
Deadline for mediation to have occurred: Within 270 days after the complaint is filed; and
Civil cases
Page 4 | IV. The Case Management Order in Streamlined and General Cases
For cases filed before April 30, 2021, a case management order was due by December 3, 2021, or under the later-of-45-days-after-the-stay-ends and 30-days-after-service rule.
Cases filed before April 30, 2021: By December 3, 2021, within 45 days after the stay or the moratorium ends or within 30 days after service of the complaint on the last of all named defendants (whichever date is later).
Civil cases
Page 4 | IV. The Case Management Order in Streamlined and General Cases
In streamlined cases, fact and expert discovery must be completed within 270 days after the complaint is filed, absent a different order for good cause.
Deadlines to complete fact and expert discovery: Within 270 days after the complaint is filed;
Civil cases
Page 4 | IV. The Case Management Order in Streamlined and General Cases
In streamlined cases, service of the complaint is due within 120 days after filing, and an extension cannot extend the deadline beyond 240 days after filing, absent a different order for good cause.
Deadlines for service of complaints, service under extensions, and adding new parties: Service within 120 days of filing of the complaint unless an extension is granted, which extension shall not exceed 240 days from the date of filing of the complaint;
Civil cases
Page 4 | IV. The Case Management Order in Streamlined and General Cases
For cases filed on or after April 30, 2021, a case management order must issue within 30 days after the last named defendant is served with the complaint when no statutory stay or moratorium applies.
Cases filed on or after April 30, 2021: Within 30 days after service of complaint on the last of all named defendants; or
Civil cases
Page 4 | IV. The Case Management Order in Streamlined and General Cases
The civil case management plan must be submitted to the court for approval within 30 days after service on the last named defendant.
TO BE SUBMITTED TO THE COURT FOR APPROVAL WITHIN 30 DAYS AFTER DATE OF SERVICE ON THE LAST NAMED DEFENDANT
Civil cases
Page 6 | Attachment A: Civil Case Management Plan and Order
Any granted extension may not extend the applicable deadline beyond 240 days from the complaint filing date.
extension is granted, which extension shall not exceed 240 days from the date of filing of the complaint;
Civil cases
Page 5
Mediation must occur within 450 days after the complaint is filed.
Deadline for mediation to have occurred: Within 450 days after the complaint is filed;
Civil cases
Page 5
Fact and expert discovery must be completed within 450 days after the complaint is filed.
Deadlines to complete fact and expert discovery: Within 450 days after the complaint is filed;
Civil cases
Page 5
Trial is projected to occur within 18 months after the complaint is filed.
Projected date of trial: Within 18 months of filing of the complaint.
Civil cases
Page 5
Objections to pleadings and pretrial motions must be resolved within 45 days after filing and before the pretrial conference.
Deadlines for all objections to pleadings and pretrial motions to be resolved: Within 45 days after filing and prior to the pretrial conference;
Civil cases
Page 5
Service and Proof of Service Rules
Parties seeking to have a case designated as complex must initially file and serve the general track case management plan and order no later than 120 days after commencement of the action as provided in Rule 1.050, Florida Rules of Civil Procedure, and thereafter, comply with Rule 1.201, Florida Rules of Civil Procedure, by filing an appropriate motion to declare the case complex.
Parties seeking to have a case designated as complex must initially file and serve the general track case management plan and order no later than 120 days after commencement of the action as provided in Rule 1.050, Florida Rules of Civil Procedure, and thereafter, comply with Rule 1.201, Florida Rules of Civil Procedure, by filing an appropriate motion to declare the case complex.
Civil cases
Page 2 | IN RE: CIVIL CASE MANAGEMENT AND RESOLUTION
The filed Suggestion of Non-Compliance with Case Management Plan must be served on all counsel.
Any failure on the part of any counsel to act in good faith to comply with this Case Management Plan must be reported to the Court by the filing of a "Suggestion of Non- Compliance with Case Management Plan," served on all counsel, and set for hearing in a timely manner by the reporting party.
Civil cases
Page 11 | XIII. COMPLIANCE REQUIRED
Plaintiff or plaintiff’s counsel must serve any party not on the e-service list and file a Certificate of Mailing/Service immediately upon service, no later than three business days after filing.
Plaintiff/Plaintiff’s counsel shall serve any party to this action not listed on the above e-service list and will file a Certificate of Mailing/Service into the court file immediately upon service – no later than 3 business days from the date of filing.
Civil cases
Page 12 | ORDER APPROVING CASE MANAGEMENT PLAN AND ORDER SETTING TRIAL
Counsel must immediately serve the order on the listed parties with physical addresses and file a certificate of service.
COUNSEL FOR (Insert the moving party, e.g. PLAINTIFF, DEFENDANT, etc.) COUNSEL SHALL SERVE A COPY OF THIS ORDER ON THE FOLLOWING PARTIES IMMEDIATELY AND FILE A CERTIFICATE OF SERVICE IN THIS COURT FILE: (Include parties with physical addresses or remove if not needed)
Civil cases
Page 12 | ORDER APPROVING CASE MANAGEMENT PLAN AND ORDER SETTING TRIAL
The party initiating a civil action must serve the case management plan and order with the summons and complaint.
The party initiating the civil action shall serve a case management plan and order 1 with the summons and complaint.
Civil cases
Page 3 | IV. The Case Management Order in Streamlined and General Cases
Complaints must be served within 120 days after filing, unless an extension is granted, and any extension may not extend service beyond 240 days after filing.
Service within 120 days of filing of the complaint unless an extension is granted, which extension shall not exceed 240 days from the date of filing of the complaint
Civil cases
Page 7 | II. Case Events and Deadlines
The order is served on the listed parties with email addresses via the E-Filing Portal.
A COPY OF THIS ORDER IS BEING SERVED ON THE FOLLOWING PARTIES VIA THE E-FILING PORTAL: (Include the parties with email addresses below this paragraph)
Civil cases
Page 12 | ORDER APPROVING CASE MANAGEMENT PLAN AND ORDER SETTING TRIAL
Adjournment & Extension Requirements
Deadlines established in case management orders may only be changed by court order and not by agreement of the parties.
Deadlines established in case management orders may only be changed by court order and not by agreement of the parties.
Civil cases
Page 3 | IN RE: CIVIL CASE MANAGEMENT AND RESOLUTION
If trial does not occur during the scheduled trial period, the court must set a new trial date by order as soon as reasonably possible.
If a trial is not reached during the scheduled trial period, the court must enter an order establishing a new trial date as soon as is reasonable to do so.
Civil cases
Page 3 | IN RE: CIVIL CASE MANAGEMENT AND RESOLUTION
Parties may submit an agreed order for an extension that does not change later case-management dates, but must move to amend the case management order if later dates would change.
Parties may submit agreed orders to extend deadlines if the extension does not alter later dates in the case management order. Parties must move to amend the case management order if the extension alters later dates in the case management order.
Civil cases
Page 3 | IN RE: CIVIL CASE MANAGEMENT AND RESOLUTION
A motion must be filed under the Court’s procedures when an amendment, extension, modification, or further judicial action concerning the case management plan is needed.
If an amendment, extension, modification, or further judicial action is needed, a motion must be filed in compliance with this Court’s procedures.
Civil cases
Page 4 | ATTACHMENT A — CASE MANAGEMENT PLAN
Case-management deadlines remain enforceable unless changed by court order; deadline changes require good cause based on an emergency or unavailability, and specified discovery delays or counsel unavailability alone are insufficient.
The schedule of deadlines herein will be strictly enforced unless changed by court order. Notices of unavailability have no effect on the deadlines set by the case management order. If a party is unable to comply with a deadline in a case management order, the party must take action consistent with Administrative Order 2025-01 and Rule 1.200. The Court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency or unavailability. Absent just cause shown, the failure to complete discovery within the time contained in the order, or the unavailability of counsel, shall not be a basis for changing these deadlines.
Civil cases
Page 6 | ATTACHMENT A — CASE MANAGEMENT PLAN
Trial continuance motions are disfavored, should rarely be granted, require good cause, and must comply with Rule 1.460.
Motions to continue trial are disfavored and should rarely be granted and then only upon good cause shown. Any motion to continue a trial date must comply with Rule 1.460.
Civil cases
Page 6 | ATTACHMENT A — CASE MANAGEMENT PLAN
A motion to modify the ordered trial period must strictly comply with Rules 1.200(e) and 1.460 or it will be automatically denied.
Additionally, any motion to modify the trial period set per this case management plan order must not only strictly comply with Rule 1.200(e) but also Rule 1.460. Failure to strictly comply with these rules will result in the motion being automatically denied.
Civil cases
Page 7 | III. EXTENSIONS OF TIME; MODIFICATION OF DEADLINES IN THIS CASE MANAGEMENT PLAN
Deadlines are strictly enforced unless changed by court order, and motions to extend a deadline or amend the plan must comply with Rule 1.200(e).
The deadlines in this case management plan order will be strictly enforced unless changed by subsequent court order. Any motion to extend a deadline, amend this case management plan order, or alter an ordered trial period must comply with Fla. R. Civ. P. 1.200(e).
Civil cases
Page 7 | III. EXTENSIONS OF TIME; MODIFICATION OF DEADLINES IN THIS CASE MANAGEMENT PLAN
The court will not consider an extension motion that fails to comply with Rule 1.200(e)(1).
Motions for extension of time that do not comply with Rule 1.200(e)(1) will not be considered by the court.
Civil cases
Page 7 | III. EXTENSIONS OF TIME; MODIFICATION OF DEADLINES IN THIS CASE MANAGEMENT PLAN
A motion to continue must comply with the cited rules and be signed by the requesting party; filing the motion or noting both parties’ agreement on the E-Docket Call Form does not itself continue the case.
Any motion to continue must comply with Florida Rule of Civil Procedure 1.460, Florida Rule of Civil Procedure 1.200(e), and Florida Rule of General Practice and Judicial Administration 2.545(e) including the requirement of a signature by the party requesting continuance. Simply filing a motion to continue will not suffice to continue the case. Your case will not be continued because both parties agree and note the same on the E- Docket Call Form.
Civil cases
Page 11 | XII. MOTION TO CONTINUE
Judges must apply a firm continuance policy and allow continuances only for good cause shown.
all judges of the Nineteenth Judicial Circuit are hereby directed to strictly comply with Florida Rule of General Practice and Judicial Administration 2.545(a), (b), and (e), which respectively require judges to conclude litigation as soon as it is reasonably and justly possible to do so, to take charge of all cases at an early stage and to control the progress of the case thereafter until it is determined, and to apply a firm continuance policy allowing continuances only for good cause shown.
Civil cases
Page 1 | I. Direction to Maximize the Resolution of Cases
The parties must adhere to the schedule unless they agree to a change and the court approves it; approval requires good cause based on an emergency or unavailability, but discovery procrastination and counsel unavailability after plan approval are not good cause.
The schedule of deadlines herein will be strictly adhered to by the parties unless change is otherwise agreed to by the parties and approved by the court. The court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability. However, once the Civil Case Management Plan has been approved by the court, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines.
Civil cases
Page 7 | II. Case Events and Deadlines
Chambers Communication Rules
The moving party must contact the presiding judge’s office within 20 days after filing a motion that requires a hearing to schedule the hearing.
Within 20 days of filing any motion for which a hearing is required, the moving party must contact the presiding judge’s office to set the motion for hearing.
Civil cases
Page 6 | ATTACHMENT A — CASE MANAGEMENT PLAN
If a case settles, the Plaintiff must immediately email the Court’s Judicial Assistant, copy all parties, and attach an already e-filed notice of settlement and dismissal documents; filing them in the court file alone is insufficient.
If your case settles, the Plaintiff shall immediately notify the Court’s Judicial Assistant via e-mail (showing copies provided to all parties), ATTACHING AN ALREADY E-FILED NOTICE OF SETTLEMENT and DISMISSAL DOCUMENTS. Due to the volume of cases pending, counsel should not assume that filing documentation in the court file will satisfy this requirement. Counsel must also give notification by email.
Civil cases
Page 10 | X. CASE DISPOSITIONS