Nineteenth Judicial Circuit of Florida, Indian River, Martin, Okeechobee and St. Lucie Counties Pre-Motion Conference Requirements

CRITICAL

A motion must be filed before its hearing is scheduled.

Motions must be filed prior to scheduling a hearing.

CRITICAL

A motion for rehearing or reconsideration may not be set without first receiving the Court’s permission.

Do not set a Motion for Rehearing or Motion for Reconsideration without first receiving permission from the Court.

CRITICAL

Discovery motions must be scheduled with Magistrate Sean Lewis in accordance with his procedures.

All discovery motions should be scheduled with Magistrate Sean Lewis per his procedures: https://www.circuit19.org/judges/magistrate-sean-lewis/

CRITICALCivil cases

Before setting a non-dispositive motion for hearing, the parties must meet and confer in an attempt to resolve it.

The Parties must meet and confer in an attempt to resolve any non-dispositive motion prior to setting the motion for hearing.

CRITICAL

The Court will not issue a case-dispositive ruling without a hearing.

No case dispositive ruling will be made without a hearing.

CRITICALCivil cases

Failure to meet and confer may result in denial of the motion and sanctions against the non-compliant attorney.

Failure to meet and confer will result in the motion being denied and may further subject the non-compliant attorney to sanctions.

CRITICAL

A sale cancelled more than once cannot be rescheduled without a hearing unless good cause is shown.

Sales that have been cancelled on more than one occasion will not be rescheduled without a hearing unless good cause is shown.

CRITICALCivil cases

Discovery motions to compel must be set when the violation occurs, not on the eve of trial, and will not be heard after the applicable deadline.

Motions to compel discovery must be set at the time of the violation, not on the eve of trial, and will not be heard past the referenced deadline.

CRITICAL

Do not schedule a rehearing or reconsideration motion without first obtaining the Court’s permission.

Do not set a Motion for Rehearing or Motion for Reconsideration without first receiving permission from the Court.

CRITICAL

Before filing a non-dispositive motion, the movant must confer in good faith with the opposing party to try to resolve the issues.

Pursuant to Rule 1.202, before filing a non-dispositive motion, movant must confer with opposing party in a good-faith effort to resolve the issues raised in the motion.

CRITICAL

Coordinate a hearing with the opposing party before noticing it.

The hearing must be coordinated with the opposing party before any hearing may be noticed.

CRITICAL

Do not schedule a motion for rehearing or reconsideration for hearing without first receiving the Court’s permission.

Please do not set a Motion for Rehearing or Motion for Reconsideration for hearing without first receiving permission from the Court.

CRITICAL

Filing a discovery motion alone is insufficient; it must be set for hearing to bring the matter to the Court’s attention.

The mere filing of a Motion is insufficient. The motions must be set for hearing to bring the matter to the Court’s attention.

CRITICAL

Before filing a motion, the movant must make a good-faith effort to confer with the opposing party; failure to include the required certificate may result in the motion or hearing being stricken.

• Domestic Relations/ Probate/ Dependency Conferral prior to filing motions: Before filing a motion, the movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion. At the end of the motion and above the signature block, the movant must include a certificate of conferral in substantially the following form: “I certify that prior to filing this motion, I discussed the relief requested in this motion by [method of communication and date] with the opposing party and [the opposing party (agrees or disagrees) on the resolution of all or part of the motion] OR [the opposing party did not respond (describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion)].” Failure to include this certification will result in the motion and/or hearing being stricken from the docket.

CRITICAL

Before filing a non-dispositive motion, the movant must confer in good faith and include the specified certificate of conferral in the motion.

Before filing a non-dispositive motion, the movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion. At the end of the motion and above the signature block, the movant must include a certificate of conferral in substantially the following form: “I certify that prior to filing this motion, I discussed the relief requested in this motion by [method of communication and date] with the opposing party and [the opposing party (agrees or disagrees) on the resolution of all or part of the motion] OR [the opposing party did not respond (describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion)].”

CRITICAL

A motion for rehearing or reconsideration may not be set for hearing without the Court’s prior permission.

Please do not set a Motion for Rehearing or Motion for Reconsideration for hearing without first receiving permission from the Court.

CRITICAL

Parties must attend mediation before setting a Temporary Relief Hearing.

Pursuant to Administrative Order, parties must attend mediation before a Temporary Relief Hearing may be set.

CRITICALCivil cases

Set discovery motions to compel when the violation occurs; they will not be heard after the discovery deadline.

Motions to compel discovery must be set at the time of the violation, not on the eve of trial, and will not be heard past the discovery deadline.

CRITICALCivil cases

Failure to comply with the motion-hearing deadline requirement constitutes abandonment of the issue and waiver of the motion.

Failure to follow this requirement constitutes abandonment of the issue and waiver of the motion.

CRITICAL

File a motion with the Clerk before scheduling it for hearing or contacting the office for hearing time.

All motions must be filed with the Clerk before you set the motion for hearing using the online scheduling system or contact this office for hearing time.

CRITICAL

Filing a motion for protective order without presenting it to the Court is insufficient.

The filing of a Motion for Protective Order, without presenting it before the Court, is insufficient.

CRITICAL

Before filing a motion, the movant must confer in good faith and include the specified certificate of conferral in the motion.

Before filing a motion, the movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion. At the end of the motion and above the signature block, the movant must include a certificate of conferral in substantially the following form: “I certify that prior to filing this motion, I discussed the relief requested in this motion by [method of communication and date] with the opposing party and [the opposing party (agrees or disagrees) on the resolution of all or part of the motion] OR [the opposing party did not respond (describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion)].”

CRITICALCivil cases

Absent good cause, motions will not be heard after the deadlines in the plan.

Due to docket management constraints, absent good cause shown, motions will not be heard after the deadlines set forth herein.

CRITICAL

Do not set a motion for rehearing or reconsideration for hearing without first obtaining the Court’s permission.

Please do not set a Motion for Rehearing or Motion for Reconsideration for hearing without first receiving permission from the Court.

CRITICAL

Parties must attend mediation before setting a Temporary Relief Hearing; a hearing set without prior mediation will be stricken and the motion will not be heard.

Pursuant to Administrative Order, parties must attend mediation before a Temporary Relief Hearing may be set. If you schedule a Temporary Relief Hearing without first having been to mediation your motion will not be heard and your hearing will be stricken.

CRITICAL

A Temporary Relief Hearing scheduled before mediation will be stricken, and the motion will not be heard.

If you schedule a Temporary Relief Hearing without first having been to mediation your motion will not be heard and your hearing will be stricken.

CRITICAL

Hearing time will not be granted until the CMPO is filed, and the court will not hold time for motions that are not ripe.

No hearing time will granted until the CMPO is filed in the court file. Hearing time will not be held on the court’s calendar for motions that are not yet ripe (i.e., motion for summary judgment under Fla. R. Civ. P. 1.510(c)).

CRITICAL

Before filing a non-dispositive motion, the movant must confer in good faith with the opposing party or counsel to try to resolve the motion’s issues.

Pursuant to Rule 1.202, before filing a non-dispositive motion, the movant must confer with opposing party/counsel in a good-faith effort to resolve the issues raised in the motion.

CRITICAL

For good faith conferral, an attorney must contact opposing counsel or a pro se party directly and allow at least 48 hours during the business week for a response; mailing a letter does not satisfy the requirement.

An attorney must directly contact another attorney (or pro se party) and allow at least 48 hours during the business week for a response. Further, sending a letter in the mail (whether to opposing counsel or a pro se party) will never meet the requirement of good faith certification. Hearing time will not be allocated unless the good faith certification is strictly followed.

CRITICAL

Motions in limine and other trial-conduct motions must be heard before trial unless due diligence could not have made pretrial consideration possible.

Motions in limine and other motions concerning how the trial is to be conducted will not be entertained during trial or on the day of jury selection, unless the court is satisfied that with due diligence, the matter could not have been heard pre-trial.

CRITICALCivil cases

In covered cases, Plaintiff must schedule a meet and confer with defense counsel within 60 days after serving the order.

Plaintiff shall serve this order upon counsel for Defendant within 20 days of the first appearance of counsel for Defendant and shall schedule a meet and confer with counsel for Defendant within sixty (60) days of such service.

CRITICALCivil cases

At the meet and confer, both sides’ counsel must be prepared to discuss and actually discuss each listed ESI and case-management topic.

At the meet and confer, both counsel for Plaintiff and Defendant shall be prepared to discuss in detail, and will actually discuss: a. Whether this matter should be considered Complex Litigation pursuant to Rule 1.201, including the factors in Rule 1.201 (2) as to which there is mutual agreement; b. The identity, employment position and employment address of electronically stored information (ESI) custodians who exist for each of their respective clients; Page 1 of 3 ===== PAGE 2 ===== c. The structure of each of their client's respective computer systems and a descriptive identification of all relevant software, including the identity and number of servers, computers, electronic devices, and email accounts that may contain relevant information or information that would potentially lead to the discovery of admissible evidence in this matter; d. The existence and nature of ESI preservation policies, whether, when, and how a litigation hold was placed on ESI, the possibility of agreements regarding the extent to which ESI should be preserved, the form in which such evidence should be produced, and whether discovery of such information should be conducted in phases or limited to particular individuals, time periods, or sources; e. The need for an ESI disclosure clawback agreement beyond Fla. R. Civ. P. 1.285; f. The scope, estimated cost, and estimated time for completion of ESI discovery required for the claims/counterclaims alleged in accordance with Fla. R. Civ. P. 1.280; g. Whether any ESI issues may significantly protract this litigation, and if so, how such issues may be most efficiently mitigated; and h. Whether the parties can case manage their own electronical discovery by a written stipulation or an Agreed Court Order.

CRITICAL

An attorney must directly contact opposing counsel or a self-represented party and allow at least 48 hours during the business week for a response.

An attorney must directly contact another attorney (or pro se party) and allow at least 48 hours during the business week for a response.

CRITICALCivil cases

A producing party may not provide ESI in a different format unless the parties first meet and confer and cannot resolve the format dispute before referring it to the court.

Notwithstanding anything contained herein to the contrary, a producing party shall not produce ESI in a format not requested or designated by the requesting party unless (i) the parties have met and conferred, and, having been unable to resolve such format production conflict at such meet and confer session, (ii) prior to referral to and resolution of such issue by the court.

CRITICAL

Hearing time will not be allocated unless the good faith certification requirements are strictly followed.

Hearing time will not be allocated unless the good faith certification is strictly followed.

CRITICAL

File a motion with the Clerk before scheduling it online or contacting the office for hearing time.

All motions must be filed with the Clerk before you set the motion on the online calendaring system or contact this office for hearing time.

CRITICALCivil cases

direct that before moving for an order relating to discovery, the movant must request a conference with the court;

direct that before moving for an order relating to discovery, the movant must request a conference with the court;

CRITICAL

UMC hearings are non-evidentiary, limited to ten minutes per case with five minutes per side, and allow one motion per slot.

These hearings are non-evidentiary (no witnesses) and will not be permitted to exceed ten (10) minutes in length. This means that each side will have five (5) minutes to argue their position. Hearings are limited to ten (10) minutes per case and only one motion per “UMC” slot.

CRITICAL

Before filing a non-dispositive motion, the movant must confer in good faith with the opposing party to try to resolve the issues.

Before filing a non-dispositive motion, the movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion.

CRITICALCivil cases

A dispute over the requested ESI production format must be addressed at a meet-and-confer before referral to the court.

Notwithstanding anything contained herein to the contrary, a producing party shall not produce ESI in a format not requested or designated by the requesting party unless (i) the parties have met and conferred, and, having been unable to resolve such format production conflict at such meet and confer session, (ii) prior to referral to and resolution of such issue by the court.

CRITICAL

If the Court finds an emergency exists, it will schedule the hearing unilaterally and all parties must be available absent exigent circumstances.

If the court determines that an emergency exists, a hearing will be scheduled unilaterally by the court. All parties shall make themselves available for the emergency hearing, barring exigent circumstances.

CRITICALCivil cases

Do not set motions to dismiss, continue, or for new trial or rehearing for hearing; they are considered in chambers on written motion and a hearing setting may be cancelled.

Do not set for hearing: motions to dismiss, motions to continue or motions for new trial/rehearing. All such motions are considered in chambers by written motion. If you set such motion for hearing, it may be unilaterally cancelled by the Court.

CRITICALCivil cases

Plaintiff must schedule a meet and confer with Defendant’s counsel within 60 days after serving the order.

shall schedule a meet and confer with counsel for Defendant within sixty (60) days of such service.

CRITICALCivil cases

The parties must set the pre-trial conference on the Court’s special set calendar by the third week before the selected E-Docket date, after the required stipulation and jury instructions with verdict form have been e-filed.

A pre-trial conference MUST be coordinated and set by the parties/counsel on the Court’s special set calendar no later than the third week prior to the selected e-docket date and after the Joint Pre-Trial Stipulation and Jury Instructions with Verdict Form have been e-filed by the deadline dates set forth in the events section above.

CRITICAL

Before filing a non-dispositive motion, the movant must confer in good faith with the opposing party to try to resolve the issues.

Before filing a non-dispositive motion, the movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion.

CRITICAL

Obtain the Court’s permission before setting a motion for rehearing, reconsideration, or new trial for hearing.

Do not set a Motion for Rehearing, Reconsideration, or New Trial for hearing without first receiving permission from the Court.

CRITICALCivil cases

Counsel must be prepared to discuss and actually address the listed case-management and electronically stored information discovery topics at the meet and confer.

At the meet and confer, both counsel for Plaintiff and Defendant shall be prepared to discuss in detail, and will actually discuss: a. Whether this matter should be considered Complex Litigation pursuant to Rule 1.201, including the factors in Rule 1.201 (2) as to which there is mutual agreement; b. The identity, employment position and employment address of electronically stored information (ESI) custodians who exist for each of their respective clients; Page 1 of 3 ===== PAGE 2 ===== c. The structure of each of their client's respective computer systems and a descriptive identification of all relevant software, including the identity and number of servers, computers, electronic devices, and email accounts that may contain relevant information or information that would potentially lead to the discovery of admissible evidence in this matter; d. The existence and nature of ESI preservation policies, whether, when, and how a litigation hold was placed on ESI, the possibility of agreements regarding the extent to which ESI should be preserved, the form in which such evidence should be produced, and whether discovery of such information should be conducted in phases or limited to particular individuals, time periods, or sources; e. The need for an ESI disclosure clawback agreement beyond Fla. R. Civ. P. 1.285; f. The scope, estimated cost, and estimated time for completion of ESI discovery required for the claims/counterclaims alleged in accordance with Fla. R. Civ. P. 1.280; g. Whether any ESI issues may significantly protract this litigation, and if so, how such issues may be most efficiently mitigated; and h. Whether the parties can case manage their own electronical discovery by a written stipulation or an Agreed Court Order.

CRITICAL

A party must first work cooperatively with the other party to resolve a dispute before filing a motion to compel.

A party cannot file a motion to compel with the court without first working cooperatively with the other party to resolve the dispute.

CRITICAL

A discovery motion will not be heard if the parties have not complied with the required procedures.

No discovery motion will be heard where the parties did not comply with the foregoing procedures.

CRITICAL

A hearing must be cleared with opposing counsel and/or pro se parties before it is set.

Hearings must be cleared with opposing counsel and/or pro se parties.

CRITICALCivil cases

A discovery motion to compel must be set for hearing when the violation occurs and cannot be heard after the discovery deadline.

Motions to compel discovery must be set at the time of the violation, not on the eve of trial, and will not be heard past the discovery deadline.

CRITICALCivil cases

If a request for further privilege-log information is challenged, the parties must meet and confer before bringing an unresolved matter to the Court.

If a party challenges a request for further information, the parties shall meet and confer to try to reach a mutually agreeable solution. If they cannot agree, the matter shall be brought to the Court.

CRITICAL

Attempt in good faith to clear a hearing with opposing counsel or pro se parties; after 3 business days without a response or cooperation, the requesting party may set the hearing unilaterally and must describe the difficulty in the motion or notice.

Hearings must be cleared with opposing counsel and/or pro se parties. Good faith cooperation is expected from counsel, their support staff, and pro se litigants. Should counsel, their staff, or pro se litigants fail to respond within 3 business days, or refuse to cooperate in obtaining or in setting a hearing, the difficulty should be set forth either in the motion or in the notice of hearing. After 3 business days, the requesting party may unilaterally set a hearing.

CRITICAL

If the Court determines a hearing is necessary, the movant must schedule it and file the appropriate notice.

If it is determined that a hearing is necessary, the movant will be advised by the court to schedule a hearing and file the appropriate notice.

CRITICALCivil cases

Motions to dismiss, continue, and for new trial or rehearing must be submitted by written motion for consideration in chambers and must not be set for hearing.

Do not set for hearing: motions to dismiss, motions to continue or motions for new trial/rehearing. All such motions are considered in chambers by written motion. If you set such motion for hearing, it may be unilaterally cancelled by the Court.

CRITICAL

Email alone does not satisfy the required effort to resolve an issue; a meaningful personal conversation must take place.

Email communication alone is not sufficient; meaningful, personal conversation must take place.

CRITICAL

All motions must comply with Florida Rule of Civil Procedure 1.202’s counsel-conferral requirement before filing.

All motions must comply with the Florida Rules of Civil Procedure1.202 regarding conferral of counsel prior to filing the motion.

CRITICALCivil cases

Counsel must schedule hearings early enough to meet the ordered deadlines; absent good cause, late-heard motions are not heard and failure to comply waives the motion.

These are deadlines. Do not wait until deadline to schedule hearings. (Counsel and their staff are responsible for reviewing the Court’s online hearing schedule calendar to understand how far in advance a motion must be set for a hearing to be compliant with the ordered deadlines set forth herein. Due to docket management constraints, absent good cause shown, motions will not be heard after the deadlines set forth herein. Failure to follow this requirement constitutes abandonment of the issue and waiver of the motion.

CRITICAL

Email alone does not satisfy the required personal conferral, and a certification promising future efforts to resolve the issue is insufficient.

Email communication alone is not sufficient; meaningful, personal conversation must take place. Please note that certifications containing language to the effect that an effort will be made to resolve the issue in the future is NOT sufficient.

CRITICAL

If a hearing is needed, the movant must schedule it and file notice; no case-dispositive ruling will be made without a hearing.

If it is determined that a hearing is necessary, the movant will be advised to schedule a hearing and file the appropriate notice. If a hearing is not required, an appropriate order will be entered. No case dispositive ruling will be made without a hearing.

CRITICAL

Filing a motion for protective order without presenting it to the Court is insufficient.

MOTIONS FOR PROTECTIVE ORDERS: The filing of a motion for protective order, without presenting it to the Court, is insufficient.

CRITICAL

Filing a motion for protective order without presenting it to the Court is insufficient.

The filing of a motion for protective order, without presenting it to the Court, is insufficient.

CRITICAL

The Court will not make a case-dispositive ruling without a hearing.

No case dispositive ruling will be made without a hearing.

CRITICAL

The Court will not make a case-dispositive ruling without a hearing.

No case dispositive ruling will be made without a hearing.

WARNING

UMC dockets are for suitable simple motions, including motions to strike affirmative defenses, amend, and withdraw.

The types of motions suitable for a UMC docket include simple motions (motions to strike affirmative defenses, motion to amend, motions to withdraw, etc.).

WARNING

If the court determines an emergency exists, it will schedule the hearing unilaterally.

If the court determines that an emergency exists, a hearing will be scheduled unilaterally by the court.

WARNING

If the Court finds a hearing necessary on a rehearing, reconsideration, or new-trial motion, the movant will be advised to schedule it and file appropriate notices.

If the Court determines that a hearing is necessary, the movant will be advised to schedule and hearing and file appropriate notices.

WARNING

If the court determines an emergency exists, it will schedule the hearing unilaterally, and all parties must be available absent exigent circumstances.

Scheduling: If the court determines that an emergency exists, a hearing will be scheduled unilaterally by the court. All parties shall make themselves available for the emergency hearing, barring exigent circumstances.

WARNING

All parties must be available for an emergency hearing unless exigent circumstances prevent it.

All parties shall make themselves available for the emergency hearing, barring exigent circumstances.

WARNING

The Court initially considers motions to dismiss under Rule 1.140(b) and motions for more definite statement under Rule 1.140(e) without a hearing.

The Court will initially consider all Motions to Dismiss filed pursuant to Rule 1.140(b) and Motions for More Definite Statement filed pursuant to Rule 1.140(e), without hearing.

WARNINGCivil cases

Timely exceptions are resolved at a hearing on reasonable notice, and cross-exceptions do not delay that hearing absent good cause.

If exceptions are timely filed, the Court shall resolve the exceptions at a hearing on reasonable notice. The filing of cross-exceptions shall not delay a hearing on the exceptions and cross-exceptions unless good cause is shown.

WARNING

Any scheduled hearing will be cancelled.

Any scheduled hearing will be cancelled.

WARNING

Staff-to-staff communications about scheduling availability do not satisfy the good faith effort to resolve a matter.

One attorney’s staff member emailing/calling another attorney’s staff member regarding availability on dates and times does not constitute a good faith certification that attempts have been made to resolve the matter.

WARNING

After an emergency motion is filed and the court deems it an emergency, the judicial assistant will set it for hearing at the earliest opportunity without coordinating with counsel or parties.

Once the motion is filed in the court file and deemed an emergency by the court, the judicial assistant will notice it for hearing at the earliest opportunity without coordination with counsel and parties.

WARNING

A hearing is not required on a motion to compel, and the court will issue an order after a proposed order in the judge’s format is submitted.

There is no requirement for a hearing on such a motion, and the court will issue an order after a proposed order in the judge’s format has been submitted.

WARNING

A hearing is not required when the client’s consent has been filed and referenced in the motion to withdraw.

If consent by the client has been filed and referenced in the motion to withdraw, a hearing is not required.

WARNING

Sending a letter by mail does not satisfy the good faith certification requirement.

Further, sending a letter in the mail (whether to opposing counsel or a pro se party) will never meet the requirement of good faith certification.

WARNING

If hearing coordination fails after three business days, the moving party may set the hearing unilaterally if the good-faith certificate records the attempts.

If after three (3) business days coordination fails, the hearing may be set unilaterally, provided the good faith certificate reflects the attempts made.

WARNING

Cases are referred to the General Magistrate for a pretrial conference according to the Case Management Plan timeline.

All cases will be referred to the General Magistrate for a pretrial conference according to the timeline set out in the Case Management Plan.

WARNING

Discovery matters, attorney’s-fee motions, and all non-dispositive matters are referred to the General Magistrate.

This court refers discovery matters, attorney’s fees motions, and all non dispositive matters to the General Magistrate.

WARNING

If the court determines an emergency exists, it will schedule the hearing unilaterally, and all parties must be available unless exigent circumstances prevent it.

• Scheduling: If the court determines that an emergency exists, a hearing will be scheduled unilaterally by the court. All parties shall make themselves available for the emergency hearing, barring exigent circumstances.

WARNING

Hearing dates must be cleared with opposing counsel or pro se parties; after a failure to respond within three business days or refusal to cooperate, the difficulty must be stated in the motion or hearing notice and the requesting party may set the hearing unilaterally.

Hearings must be cleared with opposing counsel and/or pro se parties. Good faith cooperation is expected from counsel, their support staff, and pro se litigants. Should counsel, their staff, or pro se litigants fail to respond within 3 business days, or refuse to cooperate in obtaining or in setting a hearing, the difficulty should be set forth either in the motion or in the notice of hearing. After 3 days, the requesting party may unilaterally set a hearing.

WARNING

If the Court determines a hearing is necessary on a rehearing, reconsideration, or new non-jury trial motion, the movant will be instructed to set it on the online calendar system.

If the Court determines that a hearing is necessary, the movant will be instructed to set a hearing on the online calendar system.

WARNINGCivil cases

Motions to dismiss are treated like other motions under the practices stated above.

All Motions to Dismiss are like any other motion as mentioned above.

WARNINGCivil cases

Motions for more definite statement and motions to compel are treated like other motions under the practices stated above.

All Motions for More Definite Statement and Motions to Compel will be treated as any other motion outlined above.

WARNING

Should counsel, their staff, or pro se litigants fail to respond within 3 business days, or refuse to cooperate in obtaining or in setting a hearing, the difficulty should be set forth either in the motion or in the notice of hearing. After 3 business days, the requesting party may unilaterally set a hearing.

Should counsel, their staff, or pro se litigants fail to respond within 3 business days, or refuse to cooperate in obtaining or in setting a hearing, the difficulty should be set forth either in the motion or in the notice of hearing. After 3 business days, the requesting party may unilaterally set a hearing.

WARNING

Motions to dismiss under Rule 1.140(b) and motions for more definite statement under Rule 1.140(e) are initially considered without a hearing.

All Motions to Dismiss filed pursuant to Fla.R.Civ.Pro.1.140 (b) and Motions for More Definite Statement filed pursuant to Fla.R.Civ.Pro.1.140 (e), will initially be considered without a hearing.

WARNING

If a hearing on the motion to dismiss is necessary, the movant must schedule it and file the appropriate notice.

If it is determined that a hearing is necessary, the movant will be advised to schedule a hearing and file the appropriate notice.

WARNING

The motion is held for ten days to allow the opposing side to reply.

The motion will be held for ten (10) days to give the opposing side the opportunity to reply.

WARNING

If a hearing is necessary on a motion for rehearing, reconsideration, or new trial, the movant must coordinate with opposing counsel or pro se litigants using the dates and times provided and file the appropriate notices.

If the Court determines that a hearing is necessary, the movant will be given dates and times to coordinate with opposing counsel or pro se litigants, and the movant must file the appropriate notices.

INFO

Any party may request a status conference when the case requires one.

Any party may request a status conference when a case requires.

INFO

Any party may request a case management conference when the case requires one.

Any party may request a case management conference (CMC) when a case requires.

INFOCivil cases

A written motion is not required when the parties have been ordered to set the CMC.

A written motion is not required if the Parties have been ordered to set the CMC.

INFO

The Court reviews the motion and contacts counsel to set a hearing only if it determines an emergency exists.

The Court will review the motion and, if it is determined an emergency exists, our officet will contact counsel to set the hearing.

INFO

In-person or telephone communications between attorneys are preferred over written communications when addressing discovery disputes.

In person or telephonic communications between the attorneys are preferred over written communications.

INFO

Counsel may request a hearing on short notice when an emergency situation arises.

EMERGENCY HEARINGS: If an emergency situation arises, counsel may request that a hearing be set on short notice.

INFO

Motions to dismiss under Rule 1.140(b) and motions for more definite statement under Rule 1.140(e) are initially considered without a hearing.

All Motions to Dismiss filed pursuant to Fla.R.Civ.Pro.1.140 (b) and Motions for More Definite Statement filed pursuant to Fla.R.Civ.Pro.1.140 (e), will initially be considered without a hearing.

INFO

Motions to dismiss under Rule 1.140(b) and motions for more definite statement under Rule 1.140(e) are initially considered without a hearing.

MOTIONS TO DISMISS and/or MOTION FOR MORE DEFINITE STATEMENT: All Motions to Dismiss filed pursuant to Fla.R.Civ.Pro.1.140 (b) and Motions for More Definite Statement filed pursuant to Fla.R.Civ.Pro.1.140 (e), will initially be considered by the court without a hearing.