Judge Brian S. Sandor
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Brief
- At Least 3 Business Days Before Trial
Courtesy copies
- At Least 3 Business Days Before Hearing
- At Least 48 Business Hours Before Hearing
Ex Parte Short Matter
Filings > 50 pages
- Email • At Least 3 Business Days Before Hearing
Adjournments
- A motion to continue must be requested immediately when the trial date is not workable and must be written, signed, supported by specified information, compliant with the cited rules, and contain facts supporting the requested continuance.
- A stipulated motion to continue does not extend the trial date until the court reviews the motion and enters an order.
- Attorneys must continue complying with the trial order until the court grants a continuance of trial.
Request must include
Communication
Chambers
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Phone
Court-wideChambers
Document Format Requirements9 rules
All exhibits and demonstrative aids must be exchanged, initialed by counsel, and tagged and marked for identification before the first day of trial.
Court's wording
11. Exhibits and Demonstrative Aids: All exhibits and demonstrative aids (including Power Point Presentations and Trial Exhibits) must be exchanged, initialed by counsel for all parties, and tagged and marked for identification PRIOR to the first day of trial.
The judicial copy of jury instructions and verdict forms must be prepared in MS Word using 14-point Times New Roman font and double spacing.
- Font
- Times New Roman
- Font size
- 14 points
- Line spacing
- Double
- Jury instructions
Formatting
- •Provide a copy in MS Word
Court's wording
Jury Instructions and Verdict Forms - File the originals with the Clerk and provide a copy in MS Word (in Times New Roman font – 14 pt. double spaced) - to the Judge – either via USB flash delivered to the Court or via email to Javier Rodriguez, JA, at 48Orange@ninthcircuit.org
No later than 5 business days before the hearing, counsel and/or pro se parties shall exchange all exhibits, which must be Bates-stamped.
Proposed Agreed Orders Should Be: ✓ emailed to 48orange@ninthcircuit.org in Word format (NOT .rtf or .doct)
- File type
- Word
- Proposed order
Formatting
- •Must be emailed to 48orange@ninthcircuit.org.
If Power Point presentations are to be used, a hard copy must be filed with the Court to create an appellate record.
- File type
- Paper
- Power point presentation
the proposed orders(s) in Word format (never .PDF), along with a copy of the e-filed cover letter, may be emailed to 48Orange@ninthcircuit.org.
- File type
- Word
- Proposed order
DO NOT INCLUDE your firm letterhead, logo, or internal file/claim number in proposed order.
Staple the completed tag to the bottom left corner on the first page of the exhibit or tape to back of larger exhibits (poster boards, demonstrative aids, etc.).
Document Filing Requirements35 rules
Any objections must be separately noted and brought to the attention of the Court.
• Objections to portions of depositions must be ruled on PRIOR TO TRIAL – Submit the deposition together with a chart identifying the page and line number, the objection, and leaving a place for the court to rule in chambers
At the end of the motion and above the signature block, the movant must include a certificate of conferral in substantially the following form:
- Document
- Motion
- Placement
- Certificate section
Must include
- •Certificate of conference
A hearing request must provide the hearing date and time, duration, case information, attorney or pro se information, motion information, e-filing and meet-and-confer dates, and whether an evidentiary hearing is requested.
Court's wording
The hearing request must include: ➔ Copy the checklist below into the email requesting a hearing ✓ Date and time being requested for the hearing ✓ Amount of time being requested for the hearing ✓ Case number ✓ Style of the case ✓ Names of the attorneys (or pro se if applicable) ✓ Title of the motion(s) to be heard ✓ Date(s) motion(s) were e-filed ✓ Date of the meet and confer pursuant Fla. R. Civ. Pro. 1.202 ✓ Whether the matter is an evidentiary hearing
Notices of in-person hearings must include the address of the Orange County Courthouse, as well as the hearing room number.
The Court’s virtual link shall be included in the Notice of Hearing.
Every notice of hearing must state how the parties will appear at the hearing (virtual or in-person).
Once a date has been agreed upon, the moving party must file a Notice of Hearing.
A party or self-represented party that used AI to prepare a filing in Judge Sandor’s division must disclose the AI use and certify that all legal and record citations were independently verified.
- Document
- Papers filed with court
Must include
- •AI disclosure
Court's wording
However, if any party or self-represented party has used AI in the preparation of any complaint, answer, motion, brief, or other paper filed with the Court, and assigned to Judge Sandor or Division 48, the party MUST, in a clear and plain factual statement, disclose that AI has been used in the filing, and CERTIFY, that each and every citation to the law or the record in the paper, has been independently verified as accurate.
If there is client consent (attached to the motion) you may submit a copy of the motion along with a proposed order and addressed, stamped envelopes must be provided for all parties not receiving service through the ePortal.
- Document
- Motion
Must include
- •Proposed order
If the client is a corporation or other legal entity, allow no more than thirty (30) days to obtain substitute counsel.
The filing of a Motion for Protective Order, without attempting to set it for immediate hearing, is insufficient to protect from any discovery requested.
Absent exceptional circumstances, PARTIES SHALL NOT NOTICE OBJECTIONS FOR HEARING.
In the proposed order, please include the name, address, telephone number and e-mail address of the client to whom the pleadings will be sent in the body of the order as well as in the certificate of service.
- Document
- Proposed order
- Placement
- Body of the document
MIL may not be scheduled for a hearing unless they contain a certification of a good faith attempt as to each item to resolve the matter without court action.
Summary Judgment Motions shall be scheduled for oral argument unless all parties waive oral argument.
Notices of hearing on MIL must specifically identify the specific issues which remain in controversy after counsel has conferred.
All Orders must describe, in the caption, the subject and ruling of the court, i.e., “Order Granting Plaintiff’s Motion for Partial Summary Judgment on Liability.”
- Document
- Proposed order
- Placement
- Caption
Must indicate that opposing counsel has reviewed and approved the form of the order when submitting to the Court for review.
e-filed cover letter indicating whether: • Opposing counsel agrees to the content and form of the order.
Certificate of Service: Please be sure that the certificate of service on the proposed Order complies with the Rules of Civil Procedure.
- Document
- Proposed order
- Placement
- Certificate section
Include
- •Certificate of service
Parties shall bring to the Pre-Trial Conference a completed copy of the Pre-Trial Check List and Order Controlling Trial.
Every proposed order must be submitted with an e-filed cover letter stating that opposing counsel reviewed and approved the order's form.
Court's wording
All proposed orders must be accompanied by an e-filed cover letter (the cover letter must have the filing stamp across the top) and must indicate that opposing counsel has reviewed and approved the form of the order when submitting to the Court for review.
Please be sure that the certificate of service contained in the proposed order complies with the Rules of Civil Procedure.
- Document
- Proposed order
- Placement
- Certificate section
Include
- •Certificate of service
The NOH must contain a Certificate of Compliance with either the “Meet and Confer” or Administrative Order 2012-03 concerning unilaterally set hearings.
- Document
- Notice of hearing
- Placement
- Certificate section
✓ Coordinated date and time:
✓ Whether Coordinated with Opposing Counsel:
✓ Case Number:
✓ Amount of time being requested:
✓ Case Style:
✓ Date “Meet & Confer” completed:
✓ Motion to be heard and the date the motion was filed:
Please include ALL the following information:
Include
- •Please include ALL the following information
Please submit copies of case law cited in the trial brief with appropriate highlighting of the pertinent sections.
An agreed or unopposed order's title must identify the order's substance and must not use the word “proposed.”
Court's wording
If “agreed” or “unopposed” orders are provided, the title must indicate the substance of the proposed order in addition to the indication that it is an “agreed” or “unopposed” order. Please DO NOT include the word “proposed” in the title of the order.
Filing & Service rules
Electronic Filing Rules
If a case has a party not on ePortal, the order packet must be sent to chambers with sufficient copies and stamped, addressed envelopes for parties who will not receive e-service.
The Judicial Assistant will e-file the Order but if there is a party on the case that is not on the ePortal then the packet must be sent to chambers and must be accompanied by sufficient copies and stamped, addressed envelopes for all parties not receiving the order by e-service.
Page 10 | III. ORDERS — A. Orders and Rulings of the Court
The attorney must electronically file the cover letter, but not the proposed order, with a filing stamp across its top.
The cover letter (but not the proposed order) must be e-filed by the attorney with the Clerk and must have the filing stamp across the top.
Page 10 | III. ORDERS — A. Orders and Rulings of the Court
A trial brief, if filed, must be submitted by email no later than three working days before trial.
If a trial brief is to be filed with the Court, it must be submitted by to the Court by email no later than three (3) working days before the trial is to commence.
Page 13 | C. Trial Briefs
The attorney must e-file the cover letter with the Clerk of Court, but must not e-file the proposed order through that submission.
The cover letter (but not the proposed order) must be e-filed by the attorney with the Clerk of Court.
Civil cases
Page 1 | PROCEDURES FOR ORDERS SUBMITTED TO CHAMBERS
After receiving JA confirmation or coordinating a date for short matters, the filer should e-file a Notice of Hearing and provide copies to all parties on record.
Once confirmation is received from the JA (or after the parties have coordinated a date for short matters), a Notice of Hearing should be e-filed with copies provided to all parties on record.
Page 4 | C. Notice of Hearing
Filing Timing and Cure Windows
A party offering deposition testimony must disclose its written designations with page and line citations at least 30 days before the pretrial conference.
• By the party offering the testimony: 30 days prior to Pre-Trial Conference.
Civil cases
Page 2 | Deposition Designations and Cross Designations
Cross-designations are due 20 days before the pretrial conference.
• Cross designations are due: 20 days prior to the Pre-Trial Conference
Civil cases
Page 2 | Deposition Designations and Cross Designations
Jury instructions and verdict forms must be submitted or received no later than three business days before trial begins.
Submitted/received no later than 3 business days prior to the first day of trial
Civil cases
Page 3 | Jury Instructions and Verdict Forms
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.
Page 8 | I. MOTIONS — E. Motions for Summary Judgment
A trial brief must be submitted at least three working days before trial begins.
If a trial brief is to be filed with the Court, it must be submitted by to the Court by email no later than three (3) working days before the trial is to commence.
Page 13 | C. Trial Briefs
Responsive cross-designations to deposition designations must be filed within five business days, and related objections must be noticed and heard before pretrial.
Designations of the offering party must be filed, and responsive cross-designations filed within five (5) business days thereafter, and then any objections contained within those designations, which need to be addressed by the Court, must be noticed, and heard before pretrial.
Page 15 | J. Use of Depositions
The agreed jury instructions must be provided to the court by hard copy and email at least five business days before trial begins.
The agreed set of jury instructions must be provided to the Court by hard copy as well as via e-mail no less than 5 business days prior to the beginning of the trial.
Page 16 | M. Jury Instructions and Verdict Forms
Joint jury instructions and verdict forms must be prepared and submitted to the court at least five business days before trial begins.
Joint jury instructions and verdict forms are to be prepared and submitted to the Court at least 5 business days prior to the beginning of the trial period.
Page 16 | M. Jury Instructions and Verdict Forms
Attorneys asked to prepare an order should draft and circulate it within three working days.
If attorneys are asked to prepare an order, the order should be drafted and circulated within three (3) working days and must be submitted to the Court within seven (7) days of the hearing, with a copy to opposing counsel.
Page 9 | III. ORDERS — A. Orders and Rulings of the Court
Service and Proof of Service Rules
Except in extraordinary circumstances or when a shorter period is agreed to in writing, the noticing attorney must provide all parties, including pro se litigants, at least five days' notice of the hearing.
Barring extraordinary circumstances, the attorney noticing the hearing must provide at least a five (5) day notice of the hearing to all parties, including pro se litigants unless a short time frame is agreed to in writing.
Page 4 | B. Ex Parte/Short Matters
Addressed stamped envelopes must be provided for all parties who are not receiving service through the ePortal.
addressed, stamped envelopes must be provided for all parties not receiving service through the ePortal.
Page 7 | I. MOTIONS — A. Motions to Withdrawal as Counsel
Counsel and pro se parties must exchange all Bates-stamped exhibits no later than five business days before the evidentiary hearing or trial.
No later than 5 business days before the hearing, counsel and/or pro se parties shall exchange all exhibits, which must be Bates-stamped.
Page 8 | II. Preparing evidence for Evidentiary Hearing and/or Trial
At filing, the summary judgment movant must serve its supporting factual position, and the nonmovant must serve its supporting factual position no later than 40 days after service of the motion.
At the time of filing a motion for summary judgment, the movant must also serve the movant's supporting factual position as provided in subdivision (1) above. No later than 40 days after service of the motion for summary judgment, the nonmovant must serve a response that includes the nonmovant's supporting factual position as provided in subdivision (1) above.
Page 8 | I. MOTIONS — E. Motions for Summary Judgment
When any party receives service by U.S. mail, the proposed order and e-filed cover letter must also be delivered in hard copy by U.S. mail, overnight delivery, or hand delivery to chambers.
If any party receives service by U.S. Mail, then the proposed Orders and e-filed cover letter must be delivered in hard copy by U.S. Mail, overnight delivery, or hand delivery to chambers on the 17th floor.
Page 10 | III. ORDERS — A. Orders and Rulings of the Court
PowerPoint content must be provided to opposing counsel before its presentation to the jury unless it consists only of simple verbiage that could have been written on a large pad.
Further, unless the Power Point content is simply verbiage that could otherwise have been written on a large pad, the content must have been exhibited to opposing counsel prior to its presentation to the jury so any objections may be dealt with in advance of its use.
Page 14 | G. Opening and Closings
If any party receives service by U.S. mail or overnight delivery, the proposed order and e-filed cover letter must be delivered to chambers in hard copy by mail, overnight delivery, or hand delivery.
if any party receives service by U.S. Mail, overnight delivery, then the proposed orders and e-filed cover letter must be delivered in hard copy by U.S. mail, overnight delivery, or hand delivery to chambers on the 17th floor.
Civil cases
Page 1 | PROCEDURES FOR ORDERS SUBMITTED TO CHAMBERS
When a party is not registered for ePortal service, the chambers packet must include sufficient copies with stamped, addressed envelopes for every party not receiving e-service.
if there is a party on the case that is not on the ePortal then the packet provided to chambers must be accompanied by sufficient copies with stamped, addressed envelopes for all parties not receiving the order by e-service.
Civil cases
Page 1 | PROCEDURES FOR ORDERS SUBMITTED TO CHAMBERS
When a proposed expert deposition date falls within 14 days after the examination, the written report must reach deposing counsel no later than five days before that deposition.
Should any of the dates be within 14 days of the examination the above referred to report shall be provided to deposing counsel no later than 5 days before the deposition date.
Civil cases
Page 1 | Written Reports
The examining physician or healthcare provider must issue a detailed written report and provide it to all counsel within 14 business days after the examination.
Pursuant to Fla. R. Civ. P. 1.360(b) a “detailed written report” will be issued by the examining physician or healthcare provider and provided to all counsel no later than 14 business days after the day of the examination.
Civil cases
Page 1 | Written Reports
Courtesy Copy Requirements
Copies of the motion, Notice of Hearing with virtual link, and proposed order must reach the Court at least 48 business hours before an ex parte or short-matter hearing.
A courtesy copy of the motion, notice of hearing (with the virtual link), and proposed order (with addressed, stamped envelopes for non-e-filing parties) must be provided to the Court at least 48 Business hours prior to the hearing.
Page 4 | B. Ex Parte/Short Matters
Courtesy copies are mandatory for ex parte and short-matter hearings.
Courtesy copes must be provided for ex parte and short matters.
Page 4 | B. Ex Parte/Short Matters
If any party is not using e-filing, the Court must receive the hearing packet with copies and envelopes at least three business days before the hearing.
If all parties are not on e-filing, the hearing packet must be received by the Court with copes and envelopes at least 3 business days prior to the hearing.
Page 4 | B. Ex Parte/Short Matters
For materials exceeding 50 pages, one courtesy copy of the Notice of Hearing, motions, supporting memoranda, and/or case law must be sent to the Judicial Assistant by email through an online sharing platform at least three business days before the hearing.
In addition to filing the Notice of Hearing with the Clerk of Court, pursuant to Admin. Order 2012-03 ¶7, a copy of the Notice of Hearing, Motion(s), supporting memoranda and/or case law to be heard must be furnished by Dropbox, Google Drive, OneDrive, or similar online sharing platforms, if over 50 pages, to the Judicial Assistant via email at 48orange@ninthcircuit.org at least three (3) business days prior to the hearing to ensure an opportunity for the Court to review.
Page 5 | C. Notice of Hearing
Parties must send the judicial assistant one courtesy copy of the notice of hearing upon filing it.
Upon filing the NOH, the Parties are required to send a courtesy copy of the filed NOH to the Court’s JA.
Civil cases
Page 1 | HEARINGS:
Trial briefs are optional, but if submitted, hard copies must be provided to chambers at least three business days before trial.
Trial Briefs are not required, but if you choose to submit them, please provide hard copies to Judge Kest’s Chambers (1740) at least three (3) business days prior to trial to allow adequate time for review.
Civil cases
Page 2 | Trial Briefs
Courtesy copies delivered after the 48-business-hour deadline may not be reviewed and may result in cancellation of the hearing.
Any copies delivered after this deadline may not be reviewed and may cause the hearing to be cancelled.
Page 4 | B. Ex Parte/Short Matters
Courtesy copies are required for ex parte or short matters.
Courtesy copies must be provided for ex parte/short matters as well.
Page 5 | C. Notice of Hearing
A courtesy copy of a motion capable of being resolved on the pleadings and its proposed order must be provided to chambers.
If you have a motion that can be addressed on the pleadings, please provided a courtesy copy of the motion and proposed order to chambers, and the court will rule on the motion, order the opposing side to respond, or direct the parties to set a hearing.
Civil cases
Page 1 | HEARINGS:
When all parties use e-filing, courtesy copies and proposed orders may be emailed to the Judicial Assistant.
If all parties participate in e-filing, courtesy copes in pdf/word along with the proposed orders may be provided by email to 48orange@ninthcircuit.org.
Page 4 | B. Ex Parte/Short Matters
Filing Bundling Requirements
A proposed order must not be sent to the court until opposing counsel approves its form.
The Court does not hold orders waiting for approval or objection. Please do not send proposed Orders to the Court until you have approval as to the form by opposing counsel.
Page 10 | III. ORDERS — A. Orders and Rulings of the Court
Pre-Motion Conference Requirements
Motions in Limine must be scheduled and heard no later than one week before the trial period begins, and you must comply with Division 37’s Standing Order on Motions in Limine.
Motions in Limine: Filed prior to this pre-trial conference? Yes No - None Must be scheduled and heard no later than one week prior to the beginning of the trial period. You must comply with Division 37’s Standing Order on Motions in Limine, found at www.ninthcircuit.org
Civil cases
Page 2 | Motions in Limine
The movant must confer with the opposing party in good faith before filing a non-dispositive 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.
Page 1 | (a) Duty
Discovery motions and motions to compel must include certification of a good-faith effort to resolve the matter without court action and comply with the required meet-and-confer process.
Motions to compel, as well as all discovery motions must comply with the Florida Rules of Civil Procedure including, but not limited to, a certification of a good faith attempt to resolve that matter without court action, see Fla. R. Civ. P. 1.380(a)(2), AND a meet and confer in compliance with Fla. R. Civ. P. 1.202.
Page 7 | I. MOTIONS — B. Discovery Motions, Motions to Compel, and Motions for Protective Order
Parties must complete the required meet-and-confer process before obtaining a hearing time, and evidentiary hearings may not be scheduled as short-matter or ex parte hearings.
Evidentiary hearings are NOT to be set during short matter/ex parte. Parties must comply with the “Meet and Confer” Administrative Order 2021-03 before securing a hearing time.
Civil cases
Page 1 | HEARINGS:
Pre-filing conferral is not required for the listed motions, actions under section 51.011, Florida Statutes, or motions that do not require notice to the other party.
Conferral is not required prior to filing the following motions: (1) for time to extend service of initial process; (2) for default; (3) for injunctive relief; (4) for judgment on the pleadings; (5) for summary judgment; (6) to dismiss for failure to state a claim on which relief can be granted; (7) to permit maintenance of a class action; (8) to involuntarily dismiss an action; (9) to dismiss for failure to prosecute; (10) for directed verdict and motions filed under rule 1.530; (11) for garnishment, attachment, or other motions for enforcement of a judgment under rule 1.570; (12) for writ of possession under rule 1.580; (13) filed in actions proceeding under section 51.011, Florida Statutes; and (14) that do not require notice to the other party under statute or rule.
Page 1 | (c) Applicability; Exemptions
The conferral requirements do not apply when either the movant or the nonmovant is self-represented.
The requirements of this rule do not apply when the movant or the nonmovant is unrepresented by counsel (pro se).
Page 1 | (c) Applicability; Exemptions
Adjournment & Extension Requirements
Attorneys must continue complying with the trial order until the court grants a continuance of trial.
The attorneys must comply with the requirements in the trial order until the Court grants a continuance of trial.
Page 11 | V. Prior to Pre-Trial — Motions to Continue
A motion to continue must be requested immediately when the trial date is not workable and must be written, signed, supported by specified information, compliant with the cited rules, and contain facts supporting the requested continuance.
If counsel believes the trial date is not workable, an immediate request for continuance should be made. All Motions to Continue must (1) be in writing; (2) be signed by the attorney and the parties requesting same; (3) identify the position of opposing counsel on the motion; (4) indicate any other continuances that have been sought and or granted or denied; (5) set forth when the parties will be ready for trial, if granted; and, (6) comply with Fla. R. Civ. P. 1.460 and Fla. R. Jud. Admin 2.545(e) and (7) MUST contain facts upon which the Court can grant the motion.
Page 11 | V. Prior to Pre-Trial — Motions to Continue
A stipulated motion to continue does not extend the trial date until the court reviews the motion and enters an order.
Stipulated Motions to Continue will not result in the trial being continued unless and until the Court reviews the motion and enters an order on same.
Page 11 | V. Prior to Pre-Trial — Motions to Continue
Chambers Communication Rules
The moving party must email a copy of the Notice of Hearing to the Judicial Assistant immediately after filing it.
As soon as the Notice is filed, the moving party must forward an email copy to the Judicial Assistant.
Page 4 | B. Ex Parte/Short Matters
The moving party must email a copy of a motion for rehearing, reconsideration, or new trial directly to the judge because the clerk does not provide it to the court.
Upon filing of a Motion for Rehearing, Reconsideration or New Trial, the moving party must send an email copy directly to the Judge for review as the Clerk does not provide them to the Court.
Page 8 | I. MOTIONS — D. Hearings on Motions for Rehearing, Reconsideration or New Trial
For a virtual pre-trial conference, parties must email the completed document to the Judicial Assistant at least three business days before the conference.
If the Pre-Trial Conference is being held virtually parties shall email the completed copy to the Judicial Assistant 3 BUSINESS DAYS PRIOR to the start of the Pre-Trial Conference.
Page 12 | VI. Pre-Trials
The notice of hearing and motion must be emailed to the judicial assistant at least 48 hours before the hearing.
NOH & Motion MUST be sent via email to the Judicial assistant at least 48 hours prior to hearing.
Civil cases
Page 1 | EX PARTE/SHORT MATTERS:
Attorneys should contact the Judicial Assistant the day before trial to confirm the courtroom.
Attorneys should check with the Judicial Assistant the day before the trial to confirm the actual courtroom that will be used.
Page 13 | VIII. Trials
A party may contact chambers to request a different hearing appearance format.
Any party may contact chambers to request to appear in person for a virtual hearing or to appear remotely for an in-person hearing.
Page 3 | I. HEARINGS
Before contacting the Judicial Assistant about whether an order was signed, counsel should check the e-service email and then the Clerk of Court website if the order was not emailed.
If you want to know if a specific order has been signed by the Judge, you should first check your e-service email as the Order may have been e-served. If not received by email, then check the Clerk of Court website to see if it has been docketed before contacting the Judicial Assistant.
Civil cases
Page 1 | PROCEDURES FOR ORDERS SUBMITTED TO CHAMBERS