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Court Rules
Judge Margaret H. Schreiber
Judge

Judge Margaret H. Schreiber

Individual Rules, Standing Orders & Policies

Rules last changed:
Ninth Judicial Circuit of Florida, Orange and Osceola Counties

Limits & Logistics

Courtesy Copies

Memoranda, Case Law, Other Hearing Materials

Court-wide
  • Before Hearing

Memoranda, Case Law, Other Materials

Court-wide
  • At Least 5 Court Days Before Scheduled Hearing

Adjournments

  • A continuance motion should be set for hearing during Ex Parte and Short Matters before the pretrial conference and ordinarily will not be entertained at that conference.
  • Joint stipulations extending discovery or motion cutoffs may be summarily denied in the Court's discretion.
  • The Trial Order must be complied with strictly unless a timely motion and court order modify its conditions, and joint stipulations extending its deadlines will not be enforced if disputed.
  • +5 more

Request must include

Reason for Request

Communication

Email

Chambers

35orange@ninthcircuit.org
SchedulingEmergencies
Phone
Court-wide

Clerk

407-836-2059
Technical Issues
Phone
Court-wide

Clerk

407-836-2000
Email
Court-wide

Clerk

Technical Issues
Phone
Court-wide

Chambers

Scheduling
Filters:

Document Format Requirements8 rules

FormattingMandatoryCivil cases

Exhibits must be marked with letters for identification and numbers when moved into evidence, using two letters after all single letters are exhausted.

Applies to
  • Exhibits

Formatting

  • If all single letters are used, mark exhibits with two letters

Court's wording

All Exhibits shall be marked utilizing LETTERS and shall be moved in as numbers. For example, what is marked for identification purposes only as Petitioner’s A, will be moved into evidence as Petitioner’s Exhibit 1. If all letters are utilized, exhibits should be marked with two letters, such as AA.

FormattingMandatoryCivil cases

If the hearing is in person, all exhibits must be tagged with the yellow tags utilized by the clerk.

FormattingMandatoryCivil cases

Hearing materials must be electronically bookmarked and electronically submitted via email to 35orange@ninthcircuit.org unless the Court requests a paper submission.

Applies to
  • Hearing materials

Formatting

  • Electronically bookmarked
Div-35-Procedures · Jul 2025 · p. 10
|Section9. Hearing Notebooks, Exhibits, Legal Memoranda, and Citations
FormattingMandatoryCivil cases

Electronically submitted proposed orders and cover letters must be in Word format and have filenames identifying the case number, abbreviated case style, and document type.

File type
Word
Applies to
  • Proposed order
  • Cover letter

Court's wording

Proposed orders and cover letters submitted electronically to 35orange@ninthcircuit.org must be in Word format. The Word file name must: (a) include the case number [e.g., 20**-CA-*******], (b) abbreviated case style [e.g., Doe v. Jones], and (c) whether the file is a “Proposed Order” or “Cover Letter”.

Div-35-Procedures · Jul 2025 · p. 11
|Section11. Orders and Rulings of the Court
FormattingImportantCivil cases

Pertinent sections of case authority shall be highlighted.

FormattingImportantCivil cases

Jury instructions must have a case-style cover page, specified margins, 12-point New Roman single spacing, completed party names, no Notes for Use section, and no unresolved blanks or bracketed terms.

Applies to
  • Jury instructions

Formatting

  • Use 12-point New Roman font
  • Delete “Notes for Use.”

Court's wording

Jury instructions must include a cover page with the case style and be formatted with 1” margins at the top and bottom, and not less than 1.25” margins at the left and right, in 12-Point New Roman font, single-spaced. The parties’ names must be filled in where appropriate. “Notes for Use” must be deleted. Any blanks or bracketed terms contained in the standard jury instructions must be filled in or deleted if inapplicable.

FormattingNoteCivil cases

Providing proposed Orders in Microsoft Word is also advised.

FormattingNoteCivil cases

Voluminous submissions should be timely delivered to Chambers on a thumb drive, if necessary.

Div-35-Procedures · Jul 2025 · p. 10
|Section9. Hearing Notebooks, Exhibits, Legal Memoranda, and Citations

Document Filing Requirements27 rules

Filing RequirementsMandatoryCivil cases

e. All counsel must comply with Admin. Order 2012-03’s mandatory “meet and confer” requirements before securing hearing time. The Certificate of Compliance for the setting of a hearing is in addition to the Certificate of Conferral required by Rule 1.202(b), Florida Rules of Civil Procedure, which must be contained in the motion.

Document
Motion

Must include

  • Certificate of conference
Div-35-Procedures · Jul 2025 · p. 4
|SectionA. HEARINGS — 1. Setting of Hearings
Filing RequirementsMandatoryCivil cases

j. For evidentiary hearings, the hearing request must indicate that an evidentiary hearing is being requested, and the notice of hearing must expressly state that the hearing will be evidentiary (e.g., “Notice of Evidentiary Hearing”).

Div-35-Procedures · Jul 2025 · p. 4
|SectionA. HEARINGS — 1. Setting of Hearings
Filing RequirementsMandatoryCivil cases

You must indicate the position of the other party in a cover letter submitted with your motion before submitting an order for a ruling in chambers.

Document
Cover letter

Must include

  • Indicate the position of the other party
Filing RequirementsMandatoryCivil cases

If you are unable to obtain the opposing party’s position after three attempts, then indicate the efforts to obtain the other party’s position in your motion.

Filing RequirementsMandatoryCivil cases

Only the party setting the hearing may cancel the hearing. A Notice of Cancellation must be filed and a copy of the notice of cancellation sent to the Judicial Assistant.

Filing RequirementsMandatoryCivil cases

If you are requesting the Court rule on the motion in chambers, please indicate as such in your email to the Judicial Assistant and submit a proposed order.

Document
Motion

Include

  • Proposed order
Filing RequirementsMandatoryCivil cases

For all videoconference hearings, the notice of hearing shall contain the following information: https://ninthcircuit.webex.com/meet/division35

Div-35-Procedures · Jul 2025 · p. 6
|Section2. Videoconference Appearance
Filing RequirementsMandatoryCivil cases

The hearing notice must expressly state that the hearing will be by videoconference and contain the log-in information set forth in this Section.

Div-35-Procedures · Jul 2025 · p. 6
|Section2. Videoconference Appearance
Filing RequirementsMandatoryCivil cases

An emergency motion must include a Certificate of Emergency with the specified certification and acknowledgment.

Court's wording

The motion must contain a “Certificate of Emergency” wherein counsel of record certifies that he or she believes the facts and circumstances to constitute an emergency for which immediate hearing time is required and understands that designating a matter as an emergency may result in the Court cancelling or rescheduling other matters both professional and personal so as to accommodate the parties.

Div-35-Procedures · Jul 2025 · p. 7
|SectionA. HEARINGS — 4. Emergency and Time-Sensitive Hearings
Filing RequirementsMandatoryCivil cases

The body of the motion must contain a detailed explanation of the circumstances constituting the emergency.

Document
Emergency motion
Placement
Body of the document
Div-35-Procedures · Jul 2025 · p. 7
|SectionA. HEARINGS — 4. Emergency and Time-Sensitive Hearings
Filing RequirementsMandatoryCivil cases

Discovery motions shall include with the motion or as an attachment the specific discovery request and the specific objection thereto along with argument regarding same.

Filing RequirementsMandatoryCivil cases

All such 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.

Filing RequirementsMandatoryCivil cases

The filing attorney must submit a memorandum of law identifying unresolved motion-in-limine items and supporting them with arguments and case law.

Document
Memorandum of law

Must include

  • Legal argument

Court's wording

Counsel filing the MIL shall submit to the Court a written memorandum of law, with supporting case law, (1) identifying each item in the MIL that has not been agreed to by opposing counsel at the meet and confer, and (2) setting forth any arguments and case law in support of the disputed items in the MIL.

Div-35-Procedures · Jul 2025 · p. 10
|Section8. Motions in Limine (“MIL”)
Filing RequirementsMandatoryCivil cases

Notices of hearing on MIL must specifically identify the specific issues which remain in controversy after counsel has conferred.

Div-35-Procedures · Jul 2025 · p. 10
|Section8. Motions in Limine (“MIL”)
Filing RequirementsMandatoryCivil cases

The party filing the MIL will prepare the proposed order after any contested hearing reflecting the Court’s rulings.

Div-35-Procedures · Jul 2025 · p. 10
|Section8. Motions in Limine (“MIL”)
Filing RequirementsMandatoryCivil cases

Subsequent to the meeting referred to above, counsel filing the MIL shall prepare and file a stipulation indicating in writing which of the items in the MIL is agreed to by the opposing party and signed by the opposing party. An agreed order may then be submitted for entry.

Div-35-Procedures · Jul 2025 · p. 10
|Section8. Motions in Limine (“MIL”)
Filing RequirementsMandatoryCivil cases

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.

Document
Motion in limine

Include

  • Certificate of conference
Div-35-Procedures · Jul 2025 · p. 10
|Section8. Motions in Limine (“MIL”)
Filing RequirementsMandatoryCivil cases

A proposed order must include a complete certificate of service for Florida Courts e-Filing Portal recipients and the specified U.S.-mail language and certificate deadline for other recipients.

Document
Proposed order

Must include

  • Certificate of service

Court's wording

The proposed order must contain a complete certificate of service indicating service to all parties receiving service through the Florida Courts e-Filing Portal. If there are parties not receiving service through the Florida Courts e-Filing Portal, the proposed order must contain the following language: “Counsel for Movant(s) shall serve a copy of this Order via U.S. Mail to all parties not receiving Page 11 of 17 ===== PAGE 12 ===== service of Court filings through the Florida Courts e-Filing Portal and shall file a Certificate of Service within three (3) days from the date of this Order.”

Div-35-Procedures · Jul 2025 · p. 11
|Section11. Orders and Rulings of the Court
Filing RequirementsMandatoryCivil cases

Proposed orders submitted after a hearing or in connection with unopposed or agreed motions must be accompanied by an e-filed cover letter (the cover letter must have the filing stamp across the top) setting forth the date of the hearing, with a copy to all counsel and pro se parties. The cover letter must indicate whether all parties agree to the content of the order. The cover letter (but not the proposed order) must be e-filed.

Document
Cover letter

Must include

  • Proposed order
Div-35-Procedures · Jul 2025 · p. 11
|Section11. Orders and Rulings of the Court
Filing RequirementsMandatoryCivil cases

Each order must state the Court's subject and ruling in the caption, and an agreed order's title must also identify its substance.

Document
Order
Placement
Caption

Court's wording

All orders must describe, in the caption, the subject and ruling of the Court, e.g., “Order Granting Plaintiff’s Motion for Partial Summary Judgment on Liability.” See Fla. R. Civ. P. 1.100(c)(1). If “agreed orders” are provided, the title must indicate the substance of the order in addition to the indication that it is an “agreed order.”

Div-35-Procedures · Jul 2025 · p. 11
|Section11. Orders and Rulings of the Court
Filing RequirementsMandatoryCivil cases

A Notice of Settlement is not sufficient to close the case. A notice of voluntary dismissal, an order of dismissal based on a joint stipulation for stipulation, or a final judgment as to all parties and claims is required.

Div-35-Procedures · Jul 2025 · p. 14
|SectionC. SETTLEMENT OR RESOLUTION
Filing RequirementsMandatoryCivil cases

Plaintiff’s counsel has the duty to immediately notify the Court of any settlement or resolution as to any matter or as to any parties to any matter on the trial docket.

Div-35-Procedures · Jul 2025 · p. 14
|SectionC. SETTLEMENT OR RESOLUTION
Filing RequirementsMandatoryCivil cases

Prior to the pretrial conference, parties shall email to 35orange@ninthcircuit.org a completed and signed Pretrial Check List and Order Controlling Trial.

Div-35-Procedures · Jul 2025 · p. 14
|SectionB. SETTING OF TRIALS
Filing RequirementsMandatoryCivil cases

Any demonstrative aid that is to be used at trial must be marked by the Clerk and exhibited to opposing counsel and the Court prior to the week of trial.

Div-35-Procedures · Jul 2025 · p. 16
|Section8. Demonstrative Aids
Filing RequirementsImportantCivil cases

An agreed motion to cancel a foreclosure sale may be considered without a hearing if accompanied by a proposed order that includes a new sale date.

Court's wording

Agreed upon motions to cancel foreclosure sales do not require a hearing and may be considered in chambers with a proposed order. However, all proposed orders canceling a foreclosure sale must also include a new date for sale, even if a borrower is in loan modification.

Div-35-Procedures · Jul 2025 · p. 8
|SectionA. HEARINGS — 6. Foreclosure Cases
Filing RequirementsImportantCivil cases

Any legal basis or case that has not been set forth in the previously filed motion, memoranda, or responses shall be considered waived unless that case law was decided subsequent to the submittal of the memoranda or responses.

Div-35-Procedures · Jul 2025 · p. 10
|Section8. Motions in Limine (“MIL”)
Filing RequirementsMandatoryCivil cases

Before setting a hearing at Ex Parte and Short Matters, the parties must satisfy the “meet and confer” requirement set forth in Admin. Order 2012-03-01 and include a Certificate of Compliance in the notice of hearing.

Document
Notice of hearing

Must include

  • Local rule certificate
Div-35-Procedures · Jul 2025 · p. 7
|SectionA. HEARINGS — 5. Ex Parte and Short Matters

Filing & Service rules

Electronic Filing Rules

Specified categories of hearing materials must be emailed at least five business days before the hearing.

The following materials shall be submitted via email at least five (5) business days before the scheduled hearing: (a) any videos, photographs, or printed or scanned color documents; (b) materials filed ten (10) or fewer business days before the hearing; (c) filings that are more than 250 pages, inclusive of exhibits; (d) materials submitted for in camera review; and (e) legal authority that is unavailable on Westlaw or Lexis.

Civil cases

Page 10 | 9. Hearing Notebooks, Exhibits, Legal Memoranda, and Citations

Exhibits for evidentiary proceedings and non-jury trials must be submitted in both hard-copy and electronic formats.

Exhibits for evidentiary proceedings, including non-jury trials, must be submitted in BOTH hard copy (for the trial clerk) and electronic format (for the Judge) as provided in Section A(2)(h) above.

Civil cases

Page 10 | 9. Hearing Notebooks, Exhibits, Legal Memoranda, and Citations

Hearing materials must be electronically bookmarked and emailed to the court unless the court requests paper submission.

Hearing materials must be electronically bookmarked and electronically submitted via email to 35orange@ninthcircuit.org unless the Court requests a paper submission.

Civil cases

Page 10 | 9. Hearing Notebooks, Exhibits, Legal Memoranda, and Citations

Proposed orders must be submitted electronically by email in Word format to the chambers email address.

Proposed orders must be submitted electronically in Word format by email to 35orange@ninthcircuit.org

Civil cases

Page 11 | 11. Orders and Rulings of the Court

A trial brief must be emailed to 35orange@ninthcircuit.org no later than five business days before trial.

If a trial brief is to be filed with the Court it must be submitted via email to 35orange@ninthcircuit.org no later than five (5) business days before the trial is to commence.

Civil cases

Page 15 | 4. Trial Briefs

A hard copy of any PowerPoint presentation used in opening statement must be filed with the Clerk for the appellate record.

If a Power Point presentation is to be used in opening statement, a hard copy must be filed with the Clerk to create an appellate record.

Civil cases

Page 16 | 6. Opening Statements and Closing Arguments

Filing Timing and Cure Windows

A motion must be filed and visible on the docket before its hearing can be scheduled, including a true Ex Parte motion.

d. Prior to scheduling a hearing, the motion(s) must be filed and visible on the docket. True Ex Parte motions (e.g., motions for injunctive relief without notice, or for execution on a judgment) still must be filed and visible on the docket to be acted on by the Court.

Civil cases

Page 3 | A. HEARINGS — 1. Setting of Hearings

A separately filed case management report must be emailed to 35orange@ninthcircuit.org no later than five days before the hearing.

In the latter event, the report must be emailed to 35orange@ninthcircuit.org no later than five (5) days prior to the date of the hearing.

Civil cases

Page 8 | A. HEARINGS — 5. Ex Parte and Short Matters

Motions, notices of hearing, and hearing materials must be emailed no later than two days before the hearing.

Motions to be heard, along with the notice of hearing and any hearing materials, must be emailed to no later than two (2) days prior to the date of the hearing.

Civil cases

Page 8 | A. HEARINGS — 5. Ex Parte and Short Matters

If no response or objection is served or filed and the omission continues for ten days after a motion to compel is filed, the movant may submit a proposed order compelling a response within ten days without other relief.

If no response or objection to discovery requests has been served or filed and the lack of any response continues for ten (10) days after the filing of a motion to compel, the moving party may send the motion to compel with a proposed order compelling a response within ten (10) days and granting no other relief

Civil cases

Page 9 | Discovery

Discovery and trial-related hearings must be filed and heard before the pretrial conference.

All hearings related to discovery or trial matters must be filed and heard prior to the pre-trial conference.

Civil cases

Page 9 | Discovery

Hearing materials intended for reliance must be filed at least five business days before the hearing.

All Materials that a party intends to rely on at a hearing must be filed at least five (5) business days before the hearing.

Civil cases

Page 10 | 9. Hearing Notebooks, Exhibits, Legal Memoranda, and Citations

A requested post-hearing proposed order must be sent for review and approval within three business days and submitted to the Court with copies to all other counsel and pro se parties within seven days of the hearing, unless the Court sets a different deadline.

If counsel are asked to prepare a proposed order during or after a hearing, the order shall be drafted and sent to opposing counsel or pro se parties for review and approval within three (3) business days and must be submitted to the Court within seven (7) days of the hearing with a copy to all other counsel and pro se parties, unless the Court specifies a different deadline.

Civil cases

Page 11 | 11. Orders and Rulings of the Court

If the parties cannot agree on an order's form, both sides must submit their proposed orders to the Court with a cover letter stating the disagreement within seven days of the hearing.

If the parties are unable to agree on the form of the order, both sides shall present their proposed orders to the Court for consideration within seven (7) days of the hearing with a cover letter so stating.

Civil cases

Page 11 | 11. Orders and Rulings of the Court

Discovery- and trial-related hearings must be filed and heard by the Trial Order deadline, or before the pretrial conference when the Trial Order states no deadline.

All hearings related to discovery or trial matters must be filed and heard by the time specified in the Trial Order or prior to the pre-trial conference if the Trial Order does not specify a deadline.

Civil cases

Page 11 | 10. Limitation on Hearings

For cases filed on or after January 1, 2025, the Uniform Trial and Case Management Orders must be issued within three business days after the complaint is filed.

For all cases filed on or after January 1, 2025, a Uniform Trial and Case Management Orders shall be issued within three (3) business days of the complaint being filed.

Civil cases

Page 12 | B. SETTING OF TRIALS

The trial-brief filing deadline is five business days before the trial commences.

If a trial brief is to be filed with the Court it must be submitted via email to 35orange@ninthcircuit.org no later than five (5) business days before the trial is to commence.

Civil cases

Page 15 | 4. Trial Briefs

Joint proposed jury instructions and the verdict form must be emailed to the Judicial Assistant at 35orange@ninthcircuit.org in Word format no later than 24 business hours before trial.

Joint Proposed Jury Instructions and Verdict Form must be emailed to the Judicial Assistant at 35orange@ninthcircuit.org in Word format no later than 24 business hours before the trial.

Civil cases

Page 17 | D. TRIALS

A motion that is not set for hearing within a reasonable time will be treated as abandoned.

Any motions filed but not set for hearing within a reasonable time will be considered abandoned.

Civil cases

Page 9 | Discovery

Opposing counsel has five business days to file an optional written response to a motion in limine.

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

Civil cases

Page 10 | 8. Motions in Limine (“MIL”)

A motion in limine that is not timely filed and timely set for hearing will be treated as denied, subject to a timely trial objection.

Any MIL not timely filed and timely set for hearing will be considered denied without prejudice to a timely trial objection.

Civil cases

Page 10 | 8. Motions in Limine (“MIL”)

Competing proposed orders requested during or after a hearing must be submitted within the Court's established timeframe with copies to all other counsel and pro se parties.

If the parties are asked to submit competing proposed orders during or after a hearing, the orders shall be submitted within the timeframe established by the Court, with a copy to all other counsel and pro se parties.

Civil cases

Page 11 | 11. Orders and Rulings of the Court

The court may enter the proposed order without a hearing or direct a hearing on objections.

The Court may enter the order without the need for a hearing or may direct a hearing on the objections.

Civil cases

Page 9 | Discovery

Service and Proof of Service Rules

The proposed order must be accompanied by a clearly identified e-filed cover letter, and both documents must be sent contemporaneously to all other parties.

The proposed order shall be accompanied by a cover letter (which letter has been efiled and is clearly noted as such) and both the letter and order shall be contemporaneously sent to all other parties.

Civil cases

Page 9 | Discovery

All materials submitted to the Court must be provided contemporaneously to all other parties in the same form, including highlighting.

All materials provided to the Court must be contemporaneously provided to all other parties in the same form provided to the Court, including any highlighting.

Civil cases

Page 11 | 9. Hearings

The email submitting a proposed order must be copied to all parties to the case, and should specifically indicate whether the form and/or content of the order is agreed or not.

The email submitting a proposed order must be copied to all parties to the case, and should specifically indicate whether the form and/or content of the order is agreed or not.

Civil cases

Page 11 | 11. Orders and Rulings of the Court

Filing Bundling Requirements

Case law and memoranda first provided during a hearing may be excluded from consideration at the Court's discretion.

Case law and memoranda provided to the Court and opposing parties for the first time during the hearing may not (in the Court’s discretion) be considered.

Civil cases

Page 11 | 9. Hearings

Counsel are encouraged to timely file written argument with the Court 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 | 9. Hearings

Pre-Motion Conference Requirements

A party may not file a discovery objection without an accompanying motion.

Accordingly, noticing “objections” to discovery without an accompanying motion is prohibited.

Civil cases

Page 9 | Discovery

Filing a protective-order motion without attempting to obtain an immediate hearing does not by itself protect against pending discovery.

The filing of a motion for protective order, without attempting to set it for immediate hearing, is insufficient to protect from any discovery requested.

Civil cases

Page 9 | Discovery

Counsel must meet and confer on every requested motion in limine before it is set for hearing.

Before setting any MIL for hearing, counsel must meet either and confer on each and every requested Motion in Limine.

Civil cases

Page 9 | 8. Motions in Limine (“MIL”)

A hearing must be scheduled when a motion to compel seeks additional relief such as fees, costs, sanctions, or waiver of objections.

If additional relief (such as fees, costs, sanctions, or waiver of objections) is requested, a hearing on the motion must be scheduled.

Civil cases

Page 9 | Discovery

Motions concerning trial matters will not be heard during the actual trial period absent extraordinary circumstances.

No motions directed towards matters involving the trial will be heard during the actual trial period absent extraordinary circumstances.

Civil cases

Page 11 | 10. Limitation on Hearings

Adjournment & Extension Requirements

The Trial Order must be complied with strictly unless a timely motion and court order modify its conditions, and joint stipulations extending its deadlines will not be enforced if disputed.

THE COURT EXPECTS STRICT COMPLIANCE WITH THE TRIAL ORDER ABSENT A TIMELY MOTION AND ORDER OF COURT MODIFYING THE CONDITIONS THEREIN. Joint stipulations to extend times set forth in the Trial Order will not be enforced in the event of a dispute between the parties: the Court will enforce the Trial Order.

Civil cases

Page 13 | B. SETTING OF TRIALS

A continuance motion must specifically establish good cause; continuances are rarely granted, successive requests are highly disfavored, and lack of diligence is not sufficient grounds.

Any motion for continuance must specifically set forth good cause justifying the continuance. Rule 1.460, Fla. R. Civ. P. provides, in relevant part: “Motions to continue trial are disfavored and should rarely be granted, and then only upon good cause shown. Successive continuances are highly disfavored. Lack of due diligence in preparing for trial is not grounds to continue the case.”

Civil cases

Page 13 | B. SETTING OF TRIALS

A trial-continuance motion must include written client consent or specifically state good cause explaining why consent could not be obtained.

Motions for continuance of a trial will not be considered unless accompanied by written consent of the client or unless the motion specifically states good cause as to why such consent could not be obtained.

Civil cases

Page 13 | B. SETTING OF TRIALS

Joint stipulations extending discovery or motion cutoffs may be summarily denied in the Court's discretion.

Joint stipulations to extend the discovery cut-off or the motions cut-off dates set forth in the Trial Order are subject to summary denial, in the Court’s discretion.

Civil cases

Page 11 | 10. Limitation on Hearings

A delay in notifying the court about inadequate trial time, conflicts, or other issues may waive objections to the trial date.

Delays in advising the Court about inadequate time, conflicts, or other issues may be considered a waiver of any objection to the trial date.

Civil cases

Page 13 | B. SETTING OF TRIALS

Counsel should immediately request a status hearing or case-management conference if the ordered trial date does not leave enough time to complete discovery.

If the Court issues a Trial Order pursuant to a notice/motion for trial and either party believes that the trial date will not allow sufficient time to complete discovery, counsel should immediately request a status hearing or case management conference to determine a potential alternate trial date.

Civil cases

Page 13 | B. SETTING OF TRIALS

A continuance motion based on additional discovery should identify the specific incomplete discovery, because generalized claims of insufficient time or mere party agreement are insufficient.

If additional discovery is required, the motion should specifically describe the incomplete discovery that forms the basis for the requested continuance. Generalized statements that more time is needed, or mere agreement of the parties, will not support the granting of a continuance.

Civil cases

Page 13 | B. SETTING OF TRIALS

A continuance motion should be set for hearing during Ex Parte and Short Matters before the pretrial conference and ordinarily will not be entertained at that conference.

Motions to continue should be set during Ex Parte and Short Matters before the date of the pretrial conference. The Court typically does not entertain motions for continuance at the pretrial conference

Civil cases

Page 13 | B. SETTING OF TRIALS

Chambers Communication Rules

Ex Parte and Short Matter hearings must be coordinated with opposing counsel, and the notice of hearing must be emailed to the Judicial Assistant for addition to the schedule and confirmation.

b. Ex Parte and Short Matter hearings are not scheduled with the Judicial Assistant, but must be coordinated with opposing counsel. You must email the NOH to the JA at 35orange@ninthcircuit.org to be added to the schedule and receive confirmation that your case has been added to the list.

Civil cases

Page 3 | A. HEARINGS — 1. Setting of Hearings

Hearing materials must be emailed to the Judicial Assistant and opposing counsel no later than five days before the hearing and in the form required by paragraph A.9.

h. Hearing materials shall be emailed to 35orange@ninthcircuit.org and to opposing counsel not less than five (5) days prior to the hearing in the form required by paragraph A.9 below.

Civil cases

Page 4 | A. HEARINGS — 1. Setting of Hearings

A regularly set hearing must be confirmed by the Judicial Assistant before the parties may file a notice of hearing, and an unconfirmed hearing will not be heard.

Regularly set hearings must be confirmed by the JA before parties may file a notice of hearing. Hearings set by notice of hearing but not confirmed with the JA may not be heard.

Civil cases

Page 4 | A. HEARINGS — 1. Setting of Hearings

A hearing request will not be confirmed if required information is missing, and Judge Schreiber must approve every hearing request before confirmation.

If your request is missing any of the above information, it will not be confirmed. Judge Schreiber approves ALL hearing requests prior to confirmation of your hearing.

Civil cases

Page 4 | A. HEARINGS — 1. Setting of Hearings

To secure hearing time, counsel must first coordinate with opposing counsel and then email the Judicial Assistant the specified hearing-request information.

g. To secure a hearing time, coordinate with opposing counsel, then email 35orange@ninthcircuit.org with the following in the body of the email:

Civil cases

Page 4 | A. HEARINGS — 1. Setting of Hearings

A request for a chambers ruling must be submitted by email to the Judicial Assistant.

If you are requesting the Court rule on the motion in chambers, please indicate as such in your email to the Judicial Assistant and submit a proposed order.

Civil cases

Page 5 | A. HEARINGS

Counsel may contact the Judicial Assistant to request an emergency hearing when the circumstances warrant.

Counsel may contact the Judicial Assistant for an emergency hearing where the circumstances warrant, and the following will apply:

Civil cases

Page 7 | A. HEARINGS — 4. Emergency and Time-Sensitive Hearings

An emergency motion must be emailed to 35orange@ninthcircuit.org before the court will set a hearing.

The motion must be emailed to 35orange@ninthcircuit.org before a hearing will be set.

Civil cases

Page 7 | A. HEARINGS — 4. Emergency and Time-Sensitive Hearings

The filing party must email a copy of any motion for rehearing, reconsideration, or new trial to the Court at 35orange@ninthcircuit.org.

Upon the filing of a motion for rehearing, reconsideration, or new trial, the party filing the motion must email a copy of the motion to 35orange@ninthcircuit.org for review by the Court.

Civil cases

Page 12 | 12. Hearings on Motions for Rehearing, Reconsideration, or New Trial

Anyone needing accommodation for hearing or voice impairment must contact Court Administration at least five (5) business days before a hearing or 30 days before a trial.

Please contact Court Administration no later than five (5) business days in advance of the hearing (30 days prior to a trial) to arrange accommodation for hearing or voice impairment.

Civil cases

Page 13 | B. SETTING OF TRIALS

Court-wide rules

Applies court-wide

These 181 rules apply across Ninth Judicial Circuit of Florida, Orange and Osceola Counties. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 99
  • Applies to
    Child support guidelines worksheet

    The Child Support Guidelines Worksheet must match the child support amount stated in the Final Judgment.

  • Applies to
    Proposed final judgment

    Counsel must bring the original proposed Final Judgment to the final hearing.

  • Applies to
    Proposed final judgment
    Must include
    certificate of service

    The proposed Final Judgment must include a proper certificate of service naming both parties.

Service

All 20
  • Applies to
    Final judgment

    After the Final Judgment is signed, counsel must sign its certificate of service and provide copies to all parties.

  • Applies to
    Income deduction order

    A copy of the Income Deduction Order must be served on the obligor’s payor or payors.

  • Applies to
    Income deduction order

    The obligor must notify the obligee and, when applicable, the IV-D agency within seven days after a change in address or payor information.

Communication

All 17
  • Contact
    Phone to clerk
    Phone
    407-836-2059

    Employers and income withholders may contact the Orange County Clerk of Courts by phone at 407-836-2059, by email, or through the court website for questions.

  • Contact
    Phone to clerk
    Phone
    407-836-2059

    Employees and obligors may contact the Orange County Clerk of Courts by phone at 407-836-2059, by email, or through the court website for questions.

  • Contact
    Phone to clerk
    Phone
    407-836-2059

    Questions may be directed to the Orange County Clerk of Courts by phone at 407-836-2059 or by email/website at the listed address.

Formatting

All 14
  • All incorporated exhibits must be properly tagged with a Clerk’s evidence tag.

  • Every checklist line must be completed with a date, and check marks, Xs, and N/A entries are prohibited.

  • The Income Withholding for Support form must be regular on its face.

About Judge Margaret H. Schreiber

Margaret H. Schreiber is listed as a current judicial officer of the Ninth Judicial Circuit of Florida. The circuit publishes these sections on the profile page: Judicial Assignment, Education, Professional Activities, Awards and Honors.

Current assignment

Division or department: Circuit Civil, Division 35 / 2 Courtroom: 19-B Chambers: Orange County Courthouse Phone: 407.836.2036 Judicial assistant: Shawn Rubin Judicial assistant email: 35orange@ninthcircuit.org

Official sources

Common questions about Judge Margaret H. Schreiber's rules

Does Judge Margaret H. Schreiber require a pre-motion conference or letter before filing a motion?

A party may not file a discovery objection without an accompanying motion.

View ruleSource: page 9, section Discovery

What formatting rules apply to filings before Judge Margaret H. Schreiber?

Judge Margaret H. Schreiber's formatting rule includes file format docx and the word file name must include the case number, abbreviated case style, and whether the file is a proposed order or cover letter.. Electronically submitted proposed orders and cover letters must be in Word format and have filenames identifying the case number, abbreviated case style, and document type.

View ruleSource: page 11, section 11. Orders and Rulings of the Court

What must be included with pretrial checklist filings before Judge Margaret H. Schreiber?

Before the pretrial conference, each party must email a completed and signed Pretrial Check List to 35orange@ninthcircuit.org.

View ruleSource: page 14, section B. SETTING OF TRIALS

What must be included with motion filings before Judge Margaret H. Schreiber?

The rule requires certificate of conference. Counsel must complete the mandatory meet-and-confer process before securing hearing time, and a motion must contain the required Certificate of Conferral in addition to the hearing-setting Certificate of Compliance.

View ruleSource: page 4, section A. HEARINGS — 1. Setting of Hearings

How may parties contact Judge Margaret H. Schreiber's chambers?

The rule lists email 35orange@ninthcircuit.org. Ex Parte and Short Matter hearings must be coordinated with opposing counsel, and the notice of hearing must be emailed to the Judicial Assistant for addition to the schedule and confirmation.

View ruleSource: page 3, section A. HEARINGS — 1. Setting of Hearings

How do I request an adjournment or extension before Judge Margaret H. Schreiber?

The Trial Order must be complied with strictly unless a timely motion and court order modify its conditions, and joint stipulations extending its deadlines will not be enforced if disputed.

View ruleSource: page 13, section B. SETTING OF TRIALS

Does Judge Margaret H. Schreiber require motion papers to be bundled?

Case law and memoranda first provided during a hearing may be excluded from consideration at the Court's discretion.

View ruleSource: page 11, section 9. Hearings

Is electronic filing required before Judge Margaret H. Schreiber?

Yes. Electronic filing is required for the covered filings. Specified categories of hearing materials must be emailed at least five business days before the hearing.

View ruleSource: page 10, section 9. Hearing Notebooks, Exhibits, Legal Memoranda, and Citations

What filing deadlines does Judge Margaret H. Schreiber set?

A motion must be filed and visible on the docket before its hearing can be scheduled, including a true Ex Parte motion.

View ruleSource: page 3, section A. HEARINGS — 1. Setting of Hearings

What rule applies to service for proposed order before Judge Margaret H. Schreiber?

Details: recipient: all parties. The proposed order must be accompanied by a clearly identified e-filed cover letter, and both documents must be sent contemporaneously to all other parties.

View ruleSource: page 9, section Discovery
Complete rules summary for Judge Margaret H. Schreiber

The email submitting a proposed order must be copied to all parties to the case, and should specifically indicate whether the form and/or content of the order is agreed or not.

Legal grounds and cases not raised in the previously filed motion, memoranda, or responses are waived unless the case was decided afterward.

Before the pretrial conference, each party must email a completed and signed Pretrial Check List to 35orange@ninthcircuit.org.

Ex Parte and Short Matter hearings must be coordinated with opposing counsel, and the notice of hearing must be emailed to the Judicial Assistant for addition to the schedule and confirmation.

A motion must be filed and visible on the docket before its hearing can be scheduled, including a true Ex Parte motion.

Counsel must complete the mandatory meet-and-confer process before securing hearing time, and a motion must contain the required Certificate of Conferral in addition to the hearing-setting Certificate of Compliance.

To secure hearing time, counsel must first coordinate with opposing counsel and then email the Judicial Assistant the specified hearing-request information.

A request for a chambers ruling must be identified in an email to the Judicial Assistant and accompanied by a proposed order.

A request for a chambers ruling must be submitted by email to the Judicial Assistant.

An evidentiary-hearing request must identify the hearing as evidentiary, and the notice of hearing must expressly state that evidentiary hearing status.

Exhibits used at an in-person hearing must be tagged with the clerk’s yellow tags.

Exhibits must be marked with letters for identification and numbers when moved into evidence, using two letters after all single letters are exhausted.

Only the party that set a hearing may cancel it, by filing a Notice of Cancellation and sending a copy to the Judicial Assistant.

A regularly set hearing must be confirmed by the Judicial Assistant before the parties may file a notice of hearing, and an unconfirmed hearing will not be heard.

Providing proposed orders in Microsoft Word format is advised, but not stated as mandatory.

A cover letter submitted with the motion must state the opposing party’s position before requesting a chambers ruling.

If three attempts to obtain the opposing party’s position are unsuccessful, the motion must describe those efforts.

A notice for a videoconference hearing must expressly identify the hearing as a videoconference hearing and include the specified log-in information.

Every videoconference hearing notice must include the specified WebEx meeting address.

Counsel may contact the Judicial Assistant to request an emergency hearing when the circumstances warrant.

An emergency motion must include a detailed explanation of the emergency circumstances.

An emergency motion must include a Certificate of Emergency with the specified certification and acknowledgment.

The court may enter the proposed order without a hearing or direct a hearing on objections.

Motions, notices of hearing, and hearing materials must be emailed no later than two days before the hearing.

A party may not file a discovery objection without an accompanying motion.

A separately filed case management report must be emailed to 35orange@ninthcircuit.org no later than five days before the hearing.

An agreed motion to cancel a foreclosure sale may be considered without a hearing if accompanied by a proposed order that includes a new sale date.

A discovery motion must include or attach the specific discovery request, the specific objection, and argument addressing them.

A motion that is not set for hearing within a reasonable time will be treated as abandoned.

Filing a protective-order motion without attempting to obtain an immediate hearing does not by itself protect against pending discovery.

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