Judge Angela A. Dempsey
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Case Law, Memorandum of Law
Adjournments
- Trial continuance motions are disfavored and will be granted only upon a showing of good cause.
- Successive trial continuances are highly disfavored.
- Lack of due diligence is not a ground for granting a trial continuance.
- +4 more
Request must include
Communication
Chambers
Chambers
Phone
Chambers
Phone
Clerk
Chambers
Document Format Requirements3 rules
c. Videos: videos which are to be submitted as evidence need to be submitted to the clerk in a format such as DVD or flash drive, and the party submitting the video must also have a way to display the video to the Court at the hearing.
a. Exhibits for in person hearings should be brought to the Court and be pre-marked for identification.
- Exhibit
Formatting
- •For in-person hearings, bring exhibits to court and pre-mark them for identification
Each jury instruction shall be on a separate page; shall contain citations of supporting authorities, if any; shall designate the party submitting the instruction; and shall be numbered in sequence.
- Jury instructions
Formatting
- •Each jury instruction must contain citations of supporting authorities, if any
- •Each jury instruction must designate the party submitting it
- •Jury instructions must be numbered in sequence
Document Filing Requirements24 rules
STATE IN YOUR MOTION THE POSITION OF OPPOSING COUNSEL— WHETHER THE OTHER PARTY OBJECTS OR NOT TO THE MOTION.
A notice of hearing must identify the hearing location or format, motion, allotted time, and Clerk’s docket number; the public docket can be consulted if needed.
Court's wording
c. Notices of Hearing must have the location (Hearing Room #2: D-312)) or type of hearing, (i.e. telephonic or video via Zoom); name of the motion you are calling up for hearing, the time set aside for the hearing, and the Clerk’s docket number for the motion you are setting for hearing. If you do not know the docket number, look it up. The Clerk’s docket is available to the public.
The party scheduling the hearing will prepare the notice unless advised by the Judicial Assistant that the Court will prepare the notice of hearing. Once confirmed, a copy of the notice of hearing must be sent to the J.A. by email, fax, or mail.
Stipulations should be filed and a copy of the signed stipulation submitted with the proposed order.
Except for good cause shown, the motion must be signed by the party requesting the continuance, as required by Florida Rule of General Practice and Judicial Administration 2.545 (e).
For digital evidence, bring a way to display it in court and submit it to the clerk, and bring a laptop or other device to display it.
Court's wording
If you have photos, videos, text messages, etc, you will need to have a way to show the court, and have a way to submit that evidence to the clerk-either printed hard copies or on a CD/DVD/flash drive .. .And you must bring a laptop or other device to display any digital evidence you are submitting.
Bring original and TWO COPIES of all Exhibits to be presented to the Court (1 copy for opposing party and one copy for the Court.)
Each party must file and serve a non-expert witness notice at least 60 days before docket sounding, listing expected witnesses’ names and addresses, including impeachment and rebuttal witnesses.
Court's wording
No less than sixty (60) days prior to docket sounding, each party will file with the Court and serve on all other parties a notice containing the names and addresses of each non-expert witness whom the noticing party in good faith expects to call as a witness at trial, including witnesses expected to be called for impeachment or rebuttal.
Parties seeking affirmative relief must file and serve an expert-witness notice at least 75 days before docket sounding, listing each expected expert’s name, address, and telephone number.
Court's wording
No less than seventy-five (75) days before docket sounding, each party seeking affinnative relief will file with the Court and serve on all other parties a notice containing the names, addresses and telephone numbers of each expert witness whom the noticing party in good faith expects to call as a witness at trial.
No less than sixty (60) days before the docket sounding, each party shall disclose and specifically describe in writing each exhibit intended to be offered at trial, including exhibits to be used for impeachment.
For each expert witness listed, the noticing party shall designate his/her area of expertise (i.e. "accident reconstruction", "economist", "treating orthopedic physician" etc.).
No later than sixty (60) days before docket sounding, each party not seeking affmnative relief shall file with the Court and serve on all other parties a notice containing the names, addresses and telephone numbers of each expert witness whom the noticing party in good faith expects to call as a witness at trial.
Each motion shall contain a certificate of the movant's attorney if represented (or the moving party if unrepresented) certifying his/her compliance with this requirement. This provision does not apply to motions for summary judgment or other case dispositive motions.
Media presentations used solely for or during opening statement shall be shown to opposing counsel before the start of trial and media presentations used solely for or during closing argument shall be shown to opposing counsel before such argument.
(b) DEMONSTRATIVE EXHIBITS. Demonstrative Exhibits shall be shown to and initialed by opposing counsel at the attorneys' pretrial conference. PowerPoint or similar media presentations shall be treated as Demonstrative Exhibits governed by this requirement.
Following the meeting required by paragraph 9(a), Plaintiffs attorney (or Defendant's attorney, if Plaintiff is unrepresented) shall prepare and present to opposing counsel and all unrepresented parties a proposed joint pretrial statement. The statement shall be signed by all attorneys and unrepresented parties.
The annotated copies of the exhibit lists will be attached to and made a part of the joint pretrial statement required by paragraph 9(b) of this Order.
- Document
- Joint pretrial statement
Must include
- •Exhibit list
The annotated copies of the witness lists will be attached to the joint pretrial statement required by paragraph 9(b) of this Order.
The original shall be filed, and one copy shall be mailed or delivered to the Judge no later than docket sounding; provided, however, that if the Court schedules a pretrial conference, the joint pretrial statement shall be provided to the Court at or before the pretrial conference.
12. MARKING EXHIBITS BEFORE TRIAL. Each party shall, at least two days before jury selection or such other time as agreed by the Clerk, meet with, and assist the Clerk in marking all exhibits for identification in the manner directed by theClerk.
10. JURY INSTRUCTIONS. If this case is scheduled for a jury trial, no later than the docket sounding, each party shall submit to the Court an original and one electronic copy of that party's proposed jury instructions and verdict fonn.
h. Proposed Orders may be sent to the judge in advance of a hearing, as long as copied to the opposing party. Please indicate in a cover letter that the proposed order is for a hearing on (date). Orders may also be sent electronically to division71@circuit7.org.
j. Agreed Orders/Stipulations: Agreed orders should state that they are agreed to by all parties, within the order.
A party may amend or supplement a witness list without leave of court until the applicable filing deadline, but must restate the list in full.
Court's wording
A party may amend or supplement his/her witness list without leave of Court at any time until the deadline for the filing of witness lists set forth in paragraphs 2( a) and (b) above. If a witness list is amended or supplemented, it shall be restated in full.
Filing & Service rules
Electronic Filing Rules
A motion must be filed or e-filed with the Clerk before a hearing will be scheduled.
a. Motions must be filed/e-filed with the Clerk before a hearing will be scheduled.
Page 1 | B. Scheduling Procedures
Filing Timing and Cure Windows
A party-prepared proposed order must be submitted within ten days after the hearing, unless the Court specifies otherwise when ruling.
i. Deadline for proposed orders after a hearing: Proposed orders to be prepared by a party must be submitted within ten (10) days of the hearing, unless otherwise specified by the Court upon ruling.
Page 2 | B. Scheduling Procedures
A request for a party or witness to appear remotely at a civil or small-claims non-jury trial must be filed at least five business days before trial and reference relevant decision factors, including those listed in the cited rule.
vii. Civil and Small Claims Non-Jury Trials: The Court will conduct these trials in person. Any request for a party or witness to appear remotely must be filed at least five business days prior to the trial date and shall reference any factors relevant to the Court’s decision, specifically any relevant factors listed in Fla. Rules Gen. Prac. And Jud. Admin. 2.530(2)(A).
Page 3 | C. Appearing in Court
Videos for virtual hearings must be submitted to the Clerk before the hearing.
Videos being presented for virtual hearings must be submitted in advance of the hearing to the Clerk.
Page 4 | E. Exhibits for Evidentiary Proceedings
A qualifying challenge to novel scientific evidence or expert testimony under section 90.702 must be raised by a Daubert motion in limine at least 30 days before trial, or it is waived absent good cause.
Any challenge to the admissibility of evidence at trial asserted to be "novel scientific evidence" or based on a contention that anticipated expert testimony does not meet the requirements of Section 90.702, Florida Statutes, and seeking a court ruling in accordance with the decision in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), must be raised by a motion in lirnine filed at least thirty (30) days before the trial date. Failure to meet this deadline shall be deemed a waiver, absent good cause.
Civil cases
Page 3 | 6. PRETRIAL MOTIONS
A motion filed within 30 days of trial will not be considered if it is based on a matter the movant knew or reasonably should have known at least 30 days before trial.
Motions filed within thirty (30) days of the trial date will not be considered if predicated on matters the movant knew or should have known with the exercise of reasonable diligence at least thirty (30) days prior to the trial date.
Civil cases
Page 3 | 6. PRETRIAL MOTIONS
Exhibits for virtual hearings should be filed before the hearing and copied to the opposing party.
b. Exhibits for virtual hearings should be filed in advance of the hearing, and copied to the opposing party.
Page 4 | E. Exhibits for Evidentiary Proceedings
Case law and memoranda of law are welcome, and it is helpful—but not stated as mandatory—to provide them at least five business days before the hearing.
e. Case Law/Memoranda of Law are welcome; it is helpful if received at least five (5) business days in advance of the hearing date so that the Judge can read them prior to the hearing.
Page 2 | B. Scheduling Procedures
A person seeking to appear in person for a Zoom-noticed hearing may file a written motion at least five business days before the hearing and should not simply appear at the courthouse.
viii. Appearing in person for a Zoom noticed hearing: If your notice is for a zoom hearing, you may file a written motion to appear in person at least 5 business days in advance of the hearing, do not just appear in the hallway.
Page 3 | C. Appearing in Court
Service and Proof of Service Rules
Attorneys and self-represented litigants must make and receive service by email, generally through the Florida Courts E-Filing Portal, unless excused.
d. E-Filing Portal: All attorneys and self-represented litigants must make and receive service by e-mail, which is generally through the Florida Courts E-Filing Portal , unless excused. Fla. R. Gen. Prac. & Jud. Admin. 2.516.
Page 1 | A. Communications with the Judicial Office
All submissions must also be filed with the Clerk and copied to all parties.
however all submissions must also be filed with the Clerk and copied to all parties.
Page 2 | B. Scheduling Procedures
Parties not seeking affirmative relief must serve their expert-witness notices on all other parties no later than 60 days before docket sounding.
No later than sixty (60) days before docket sounding, each party not seeking affmnative relief shall file with the Court and serve on all other parties a notice containing the names, addresses and telephone numbers of each expert witness whom the noticing party in good faith expects to call as a witness at trial.
Civil cases
Page 2 | Witness Lists
Parties seeking affirmative relief must serve their expert-witness notices on all other parties at least 75 days before docket sounding.
No less than seventy-five (75) days before docket sounding, each party seeking affinnative relief will file with the Court and serve on all other parties a notice containing the names, addresses and telephone numbers of each expert witness whom the noticing party in good faith expects to call as a witness at trial.
Civil cases
Page 2 | Witness Lists
Each party must serve its non-expert witness notice on all other parties at least 60 days before docket sounding.
No less than sixty (60) days prior to docket sounding, each party will file with the Court and serve on all other parties a notice containing the names and addresses of each non-expert witness whom the noticing party in good faith expects to call as a witness at trial, including witnesses expected to be called for impeachment or rebuttal.
Civil cases
Page 2 | Witness Lists
Interrogatories and requests for production or admission must be served at least 45 days before docket sounding, unless the parties stipulate in writing or the Court orders otherwise.
(b) No interrogatories, requests to produce or requests for admissions shall be served later than forty-five (45) days prior to docket sounding. Exceptions shall be permitted only by written stipulation of the parties or by Court order.
Civil cases
Page 3 | 4. DISCOVERY
Exhibits for virtual hearings should be copied to the opposing party.
b. Exhibits for virtual hearings should be filed in advance of the hearing, and copied to the opposing party.
Page 4 | E. Exhibits for Evidentiary Proceedings
All parties should be copied on the request for in-person appearance.
All parties should be copied on the request for in-person appearance.
Page 4 | C. Appearing in Court
Filing Fees and Waivers
Costs must be paid to the Clerk to issue a witness subpoena and to the Sheriff to serve it.
There are costs that must be paid to the Clerk for issuing the subpoena, and costs to the Sheriff to serve the subpoena.
Court notice
Page 1 | WITNESS SUBPOENAS
Courtesy Copy Requirements
Courtesy copies of case law or memoranda may be provided directly to the judicial office, but submissions must also be filed with the Clerk and copied to all parties.
Courtesy copies of Case Law or Memoranda may be provided to the Judicial office directly, however all submissions must also be filed with the Clerk and copied to all parties.
Page 2 | B. Scheduling Procedures
Pre-Motion Conference Requirements
Before filing a motion, the moving party must contact the opposing party and make a good-faith attempt to resolve the issues amicably.
Before any motion is filed, the moving party shall contact the opposing party and attempt, in good faith, to amicably resolve the issues raised by the motion(s).
Civil cases
Page 3 | 6. PRETRIAL MOTIONS
Adjournment & Extension Requirements
A continuance request must be written, state its reason, any party’s objection, and anticipated trial readiness, and be signed by the requesting party.
Motions for continuance must be in writing and specifically set forth: (a) the reason for the requested continuance; (b) if any party objects to the requested continuance and (c) when it is anticipated the case will be ready for trial. The rule requires that the party (not just the attorney) requesting the continuance should sign the motion or stipulation.
Civil cases
Page 3 | 5. CONTINUANCES
A party may not base a trial continuance on inability to secure a witness’s attendance unless a subpoena was issued and served, or service was attempted, at least 10 days before trial.
The inability to require the attendance of a witness at trial shall not be the basis for continuance of the trial unless a witness subpoena was issued and served on the witness (or was attempted to be served on the witness) at least ten ( 10) days prior to the trial date.
Civil cases
Page 3 | 5. CONTINUANCES
A continuance request based on a witness’s unavailability must advise the Court when the witness is believed to be available.
If the requested continuance is based on the unavailability of a witness, the Court must be advised of when it is believed the witness will be available.
Civil cases
Page 3 | 5. CONTINUANCES
Extensions that would continue trial or prevent mediation from being completed before docket sounding are prohibited; agreed extensions or modifications require a written stipulation signed by all parties and filed with the Court, and other extensions or modifications require Court approval.
13. EXTENSION OF TIME LIMITS. No extension of deadlines or compliance dates established by this Order are pennitted if the extension or modification would cause a continuance of the trial or would prevent the completion of mediation prior to docket sounding. Any extension or modification agreed to shall be by written stipulation signed by all parties to this action and filed with the Court. Any other extension of the deadlines or compliance dates established herein, or modifications of this Order requires Court approval.
Civil cases
Page 5 | EXTENSION OF TIME LIMITS
Lack of due diligence is not a ground for granting a trial continuance.
Lack of due diligence is not grounds for granting a continuance.
Page 4 | G. Continuance Procedure
Successive trial continuances are highly disfavored.
Successive continuances are highly disfavored.
Page 4 | G. Continuance Procedure
Trial continuance motions are disfavored and will be granted only upon a showing of good cause.
a. Motions for Continuance of trials are disfavored and will be granted only upon good cause shown.
Page 4 | G. Continuance Procedure
Chambers Communication Rules
Request hearing time by email, coordinate the hearing with opposing counsel, and confirm it with the Judicial Assistant.
b. Hearing time must be requested through the Judicial Assisant via email. Hearings must be coordinated with opposing counsel and confirmed with the Judicial Assistant (“J.A.”).
Page 1 | B. Scheduling Procedures
c. Ex Parte/Unsolicited Communication: Unsolicited letters and communications of that type should not be sent to the court (for example, complaining of conduct of another party or attorney). All communications, whether written or electronic, must be copied to all opposing parties. A judge is prohibited from initiating, permitting, or considering other communications outside the presence of the parties concerning a pending or impending proceeding, unless authorized by law. The Court’s Judicial Assistant is not permitted to relate to the court the contents of any conversations which would be considered improper ex parte communication with the court. Parties may only contact the judicial office in accordance with these procedures. Unsolicited communications from non-parties will not be considered by the Court.
c. Ex Parte/Unsolicited Communication: Unsolicited letters and communications of that type should not be sent to the court (for example, complaining of conduct of another party or attorney). All communications, whether written or electronic, must be copied to all opposing parties. A judge is prohibited from initiating, permitting, or considering other communications outside the presence of the parties concerning a pending or impending proceeding, unless authorized by law. The Court’s Judicial Assistant is not permitted to relate to the court the contents of any conversations which would be considered improper ex parte communication with the court. Parties may only contact the judicial office in accordance with these procedures. Unsolicited communications from non-parties will not be considered by the Court.
Page 1 | A. Communications with the Judicial Office
Email to the Judicial Assistant is the preferred communication method, and all parties must be copied on emails to the judicial office.
a. Email: The preferred method of communication is via email to the Court’s Judicial Assistant, Cheryl Herald, cherald@circuit7.org. All parties must be copied on any email directed to the judicial office.
Page 1 | A. Communications with the Judicial Office
Do not add matters to another party’s reserved hearing time unless that party consents and the additional matters are coordinated and confirmed with the Judicial Assistant.
DO NOT notice additional matters for hearing at the time reserved by another party, unless the other party has consented, and the additional matters are coordinated/confirmed with the J.A.
Page 2 | B. Scheduling Procedures
Self-represented litigants and people excused from email service may contact the judicial office by telephone.
b. Telephone: Self-represented litigants and those excused from e-mail service may communicate with the judicial office by telephone to 386-822-5008.
Page 1 | A. Communications with the Judicial Office
Orders may also be sent electronically to the division email address.
Orders may also be sent electronically to division71@circuit7.org.
Page 2 | B. Scheduling Procedures
Self-represented parties may contact the Clerk of County Court, Civil Division, by telephone or in person for procedural questions, but the Clerk cannot provide legal advice.
For anything you do not understand about the above information and for any procedural questions you may have concerning your trial, please contact the Clerk of County Court, Civil Division, in person or by telephone (386-736-5915). The clerk is not authorized to practice law and therefore cannot give you legal advice on how to prove or defend your case. However, the Clerk may be of assistance to you in questions of procedure only.
Court notice
Page 1 | QUESTIONS