Judge Dennis Craig
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion, Case Law
- At Least Five Days Before Hearing
Notice of Issue
Adjournments
- A motion to extend the time for service must be filed at least 10 days before the initial service period expires and state why timely service was not possible and what service attempts were made.
Communication
Chambers
Chambers
Document Format Requirements3 rules
Agreed orders may be sent in Word format to Division31@circuit7.org.
- Agreed order
Formatting
- •Word format
Do not send orders in PDF format.
These documents shall be provided in Microsoft Word Format.
Document Filing Requirements13 rules
The objections must state the specific reasons for the objections.
Requests for an examination must set forth the time, place, manner, conditions, and scope of the examination as well as the name of and the qualifications of the person conducting the examination with some specificity.
Psychological or Psychiatric Examinations sought under Rule 1.360(a)(1)(B) (non-physical exams) must be obtained with an order from this Court, or with a written agreement of all parties.
Emergency hearings must be requested in writing , setting forth in the introductory or first paragraph the reasons why the matter is considered an “emergency.”
The motion must contain specific facts as to the reason for the cancellation and whether the opposing party has any objection. If the opposing party objects, a hearing will be required.
A motion to cancel or reschedule a foreclosure sale may be considered ex parte only if it is written, copied to all parties, states specific reasons, and includes supporting documentation; relief is limited to cases where good cause is found and is not granted as of right.
Court's wording
The court will consider motions to cancel or reschedule foreclosure sales on ex-parte basis with the following requirements. A written motion is received by the court and a copy is sent to all parties. The motion must contain specific facts setting forth the reasons for the postponement ===== PAGE 6 ===== and the motion must have supporting documentation attached (e.g. sale contract, loan modification information, etc.) Motions will not be granted as a matter of right and will only be granted on a limited basis upon a determination of good cause.
Prior to jury selection, counsel for all parties shall confer and generate one joint set of jury instructions for use of the charge conference. Instructions that are agreed upon shall be so designated; instructions not agreed upon should be labeled as the Plaintiff’s or Defendant’s requested instructions within the joint set.
Expedited hearings are every Wednesday at 8:30 or 9:00 a.m. only. Evidentiary hearings are not expedited. Expedited hearings should take no longer than five minutes. Judge hears 15-20 cases during this time and these hearings can be scheduled on benchmark. Any matter improperly designated as expedited shall be stricken.
You must copy opposing party with the email and the email should indicate that the order is an “agreed” order.
The email accompanying an order for a future hearing must state the hearing’s date and time.
Court's wording
Any order being sent in preparation for a hearing that has not occurred must be sent to Division31@circuit7.org and the email should indicate the date and time of the hearing for which the order is being sent.
An agreed order reflecting a hearing ruling must be identified to the court as “Agreed.”
Court's wording
Orders following a hearing at which judge announced the ruling and directed a party to submit an order reflecting the ruling must be presented to opposing counsel prior to submission to the court. Once parties agree to the order the order would then be emailed with the other party copied and indicate to the court the order is “Agreed.”
Do not file the motion with an blank order attached with the Clerk. File the motion with the Clerk and forward the order to the judge.
The Notice must specify whether the trial is by jury or non-jury and the anticipated length of trial.
Filing & Service rules
Filing Timing and Cure Windows
Expert witness-related motions and objections in Streamlined cases must be filed at least 45 days before the specified or projected trial period starts.
forty-five (45) days prior to the start of the specified or projected trial period for “Streamlined” cases.
Civil cases
Page 3 | H. EXPERT WITNESS MOTIONS
Pretrial motions, except dispositive motions and motions directed at expert witnesses, must be filed at least 30 days before trial.
All pretrial motions, other than dispositive motions and motions directed at expert witnesses, must be filed no later than thirty (30) days prior to the trial date.
Civil cases
Page 3 | I. PRETRIAL MOTIONS
Expert witness-related motions and objections in General cases must be filed at least 60 days before the scheduled or projected trial period starts.
Expert witness-related motions or objections (e.g., Daubert motions) must be filed no later than 60 days prior to the start of the scheduled or projected trial period for “General” cases
Civil cases
Page 3 | H. EXPERT WITNESS MOTIONS
A hearing must be requested immediately on any filed objection.
A hearing must be immediately requested on any objection filed.
Civil cases
Page 1 | Request for, Objections to and Hearings
Failing to set an objection for immediate hearing is deemed an abandonment of the examination request.
Failure to set the objection for immediate hearing will be deemed an abandonment of the “Request” under the rules.
Civil cases
Page 1 | Request for, Objections to and Hearings
Objections to an examination under Rule 1.360(a)(1)(A) must be filed within 30 days of the written request if service of process occurred at least 15 days before the request was served.
Objections to “Examination of Persons” under Rule 1.360(a)(1)(A) must be filed no later than 30 days from the written request assuming service of process has occurred at least 15 days prior to the request being served.
Civil cases
Page 1 | Request for, Objections to and Hearings
Submit joint proposed or agreed jury instructions, a statement of the case, an agreed witness list, and verdict forms on the Friday before Monday jury selection.
The parties shall submit joint proposed or agreed jury instructions, a statement of the case, agreed witness list and verdict form(s) to the court the Friday before jury selection the following Monday.
Page 6 | JOINT PROPOSED JURY INSTRUCTIONS
A pretrial motion filed within 30 days of trial will not be considered if it relies on a matter the movant knew or reasonably should have known at least 30 days before trial.
Pretrial motions filed within 30 days of trial will not be considered if predicated on matters the movant knew or should have known with the exercise of reasonable diligence at least 30 days prior to the trial date.
Civil cases
Page 3 | I. PRETRIAL MOTIONS
The written examination request should be made no later than 70 days before the pretrial date to allow time for objections, hearings, and rescheduling.
If examinations under these rules are requested such written request should be made no later than 70 days before the pretrial date to allow time for objections, hearings on same, and an opportunity to reset the examination.
Civil cases
Page 1 | Request for, Objections to and Hearings
If counsel cannot agree on a mutually convenient examination date within 60 days of the request, the Court will select the date upon written motion without consulting counsel’s calendars.
If the attorneys cannot agree on a mutually convenient date for the examine to occur within 60 days of the request, the Court, upon written motion, will pick the date without consultation with counsels’ calendars.
Civil cases
Page 2 | The Examination
Service and Proof of Service Rules
Plaintiffs must serve each defendant with the initial process and pleading within 120 days after case filing.
Plaintiff(s) are required to serve each defendant with initial process and pleading no later than one hundred twenty (120) days from case filing as provided in Fla. R. Civ. P. 1.070(j).
Civil cases
Page 1 | C. SERVICE OF PROCESS
Proof of service of process must be promptly filed with the Clerk of Court.
Proof of service of process is to be promptly filed with the Clerk of Court.
Civil cases
Page 1 | C. SERVICE OF PROCESS
The plaintiff must serve the Order on all other parties and file a notice of service with the Clerk within 30 days after issuance.
Plaintiff is required to serve a copy of this Order on all other parties and file a notice of service with the Clerk within 30 days of the date of its issuance.
Civil cases
Page 3 | L. SERVICE OF THIS ORDER
When emailing an agreed order, copy the opposing party and identify the order as “agreed” in the email.
You must copy opposing party with the email and the email should indicate that the order is an “agreed” order.
Page 4 | ORDERS
Executed orders are served on counsel of record at their designated email addresses, which counsel must keep current with the Clerk’s office.
Executed orders will be served upon counsel of record in the case at their designated email address: thus it is imperative that all counsel keep their email up to date with the clerk’s office.
Page 5 | PROCESS ORDERS
If there are parties without email addresses, the attorney should forward stamped, self-addressed envelopes to the Judicial Assistant for service upon those parties.
If there are parties without email addresses, the attorney should forward stamped, self-addressed envelopes to the Judicial Assistant for service upon those parties.
Page 5 | FORECLOSURE CASES
Orders are mailed to unrepresented parties excused from designating an email address.
Unrepresented parties who have been excused from designating an email address will receive orders through the mail.
Page 5 | PROCESS ORDERS
Unrepresented parties who designated an email address receive executed orders at that address.
Unrepresented parties who have designated an email address will receive the executed orders at their email address.
Page 5 | PROCESS ORDERS
Courtesy Copy Requirements
Forward motions and case law for the judge’s review to chambers by mail or hand delivery at least five days before the hearing.
Please forward any motions and case law for review by the judge to Judge Craig’s chambers by mail or hand delivery at least five days prior to the scheduled hearing.
Page 3 | MOTIONS AND CASE LAW FOR REVIEW
File the Notice of Issue with the Clerk and email a courtesy copy to the Judicial Assistant.
A Notice of Issue should be filed with the clerk and a courtesy copy sent to jturberville@circuit7.org.
Page 6 | SETTING TRIALS
Pre-Motion Conference Requirements
Counsel, not staff, must comply with the Fla. R. Civ. P. 1.202 conferral requirements; noncompliance may result in summary denial of a motion.
Compliance by counsel (not staff) with the conferral requirements in Fla. R. Civ. P. 1.202 is required. Failure to comply with conferral requirements may result in summary denial of motions.
Civil cases
Page 3 | I. PRETRIAL MOTIONS
The parties must confer before scheduling a hearing on a motion to compel discovery.
Parties must confer prior to scheduling the hearing.
Page 4 | MOTIONS TO COMPEL DISCOVERY.
Summary motions may be scheduled during expedited hearings if they can be heard in five minutes; longer motions should be scheduled on regular hearing days through Benchmark.
You may schedule your own motions for summary if the motions can be heard in five minutes during the judge’s expedited hearings. If the motion is longer this should be scheduled during regular hearing days and this can be scheduled on Benchmark
Page 5 | FORECLOSURE CASES
Before any evidentiary or non-jury trial, the parties must confer about objections to exhibits.
Parties must confer prior to any evidentiary or non-jury trial regarding any objections to exhibits.
Page 6 | EXHIBITS FOR EVIDENTIARY HEARINGS
Adjournment & Extension Requirements
A motion to extend the time for service must be filed at least 10 days before the initial service period expires and state why timely service was not possible and what service attempts were made.
Motions for extension of time to complete service of process must be filed no later than ten (10) days prior to the expiration of the initial time allotted for service. The motions must specify the reasons why service could not be performed within 120 days and what attempts had been made at service during that period.
Civil cases
Page 1 | C. SERVICE OF PROCESS
Trial continuances are not granted as of right, are disfavored and rarely granted, and lack of diligence in trial preparation is not good cause.
A motion for continuance shall not be granted as a matter of right and the parties should not assume the continuance will be granted even if all parties agree. Motions to continue trials are disfavored and rarely granted. Lack of due diligence in preparing for trial is not good cause for a continuance of trial.
Page 6 | MOTION FOR CONINUANCES
Continuances of deadlines are strongly discouraged.
Continuances of deadlines are strongly discouraged.
Civil cases
Page 3 | K. EXTENSIONS/MODIFICATIONS OF DEADLINES
Deadlines are strictly enforced unless modified by court order; the parties may submit an agreed order to extend disclosure or discovery deadlines, but other deadlines remain unchanged absent a court order.
The deadlines specified herein will be strictly enforced unless modified by Court order. The parties may submit an agreed order to extend disclosure and/or discovery deadlines; however, all remaining deadlines will remain in place absent a Court order.
Civil cases
Page 3 | K. EXTENSIONS/MODIFICATIONS OF DEADLINES
Chambers Communication Rules
The examination date and time must be coordinated with opposing counsel.
The date and time of the examination must be coordinated with opposing counsel.
Civil cases
Page 2 | The Examination
Only the Judicial Assistant can cancel a hearing, and cancellation requests must be emailed to jturberville@circuit7.org; filing a Notice of Cancellation does not cancel the hearing.
Only the Judicial Assistant can cancel a hearing; the filing a Notice of Cancellation will not cancel your hearing. All requests for cancellation shall be sent via email to jturberville@circuit7.org.
Page 3 | CANCELLATION OF HEARINGS
Email orders prepared for a hearing that has not yet occurred to Division31@circuit7.org and include the hearing’s date and time in the email.
Any order being sent in preparation for a hearing that has not occurred must be sent to Division31@circuit7.org and the email should indicate the date and time of the hearing for which the order is being sent.
Page 4 | ORDERS
Send the emergency hearing request immediately to the Judicial Assistant at jturberville@circuit7.org to schedule the motion.
The request must be sent to the Judicial Assistant jturberville@circuit7.org immediately to schedule this motion.
Page 4 | EMERGENCY MOTIONS
After filing the motion, send the order in Word format to Division31@circuit7.org for signing, with an email subject stating “Order,” and including the style and case number.
Once the motion has been filed, forward the order in Word format to Division31@circuit7.org for signing. The subject line of the email must state “Order, “ and include the style and the case number.
Page 5 | PROCESS ORDERS
For an order reflecting a ruling announced at a hearing, present it to opposing counsel before submission; once agreed, email it to the court with the other party copied and identify it as “Agreed.”
Orders following a hearing at which judge announced the ruling and directed a party to submit an order reflecting the ruling must be presented to opposing counsel prior to submission to the court. Once parties agree to the order the order would then be emailed with the other party copied and indicate to the court the order is “Agreed.”
Page 5 | PROCESS ORDERS
If online scheduling is unavailable, contact the judicial assistant to schedule the hearing.
If the Schedule Case button does not appear, it is not available for online scheduling and you must contact the judicial assistant.
Page 4
A Zoom appearance request for a trial or evidentiary hearing must be emailed to the Judicial Assistant, copy the opposing party, and state that there is no objection; expedited hearings and case management conferences do not require permission, but other hearings do.
Attorneys, parties and witnesses are expected to appear in person for all trials and evidentiary hearings unless there are special circumstances requiring a Zoom appearance. If a Zoom appearance is needed, the request must be sent to the Judicial Assistant in an email copying opposing party and letting the court know there is no objection. Zoom appearances for expedited hearings and case management conference do not require permission. All other hearings require permission.
Page 2 | IN PERSON APPEARANCES REQUIRED
If no hearing time is available, check with the Judicial Assistant and continue checking the calendar; motions should be scheduled timely and may be deemed waived or abandoned if not.
If Benchmark does not show any available hearing time, you may check with the Judicial Assistant to see if additional time will be added, and you should continue to check with the calendar for cancellations. Motions should be scheduled timely. If no time appears available, contact the Judicial Assistant. Motions not timely scheduled for hearing may be deemed waived or abandoned.
Page 3 | SCHEDULING HEARINGS
Schedule hearings requiring more than 30 minutes with the Judicial Assistant, coordinate among yourselves after receiving available dates, and report the agreed date to the Judicial Assistant.
Any hearing requiring more than 30 minutes must be scheduled with the Judicial Assistant. Once the Judicial Assistant gives you dates available please coordinate amongst yourself then let the Judicial Assistant know what date is agreed.
Page 3 | HEARING REQUIRES MORE THAN 30 MINUTES
The Judicial Assistant schedules case management conferences and non-jury trials; file the notice of issue and email a copy to the Judicial Assistant.
Case Management Conferences and Non-Jury Trials are scheduled by the Judicial Assistant. Please file your notice of issue and forward a copy of same to Division31@circuit7.org.
Page 5 | FORECLOSURE CASES
If a case set for trial settles, counsel should send a Notice of Settlement to the Judicial Assistant so the Clerk’s office can remove it from the docket.
If a case set for trial settles, counsel should forward a Notice of Settlement to the Judicial Assistant then the clerk’s office will remove the case from the dockets.
Page 6 | SETTLEMENTS
The motion should be emailed to jturberville@circuit7.org.
The motion should be emailed to jturberville@circuit7.org.
Page 6 | MOTION FOR CONINUANCES
Emails coordinating hearing time should be sent directly to the Judicial Assistant.
When coordinating hearing time, those emails should be sent directly to the Judicial Assistant at jturberville@circuit7.org.
Page 1 | EMAILS TO JUDICIAL ASSISTANT
Proposed orders should be emailed to the Division 31 email address.
Proposed orders should be emailed to the Division 31 email address.
Page 1 | EMAILS TO JUDICIAL ASSISTANT
Agreed orders may be sent to Division31@circuit7.org by email.
Agreed orders may be sent in Word format to Division31@circuit7.org.
Page 4 | ORDERS
The courtesy copy of the Notice of Issue should be emailed to the Judicial Assistant.
A Notice of Issue should be filed with the clerk and a courtesy copy sent to jturberville@circuit7.org.
Page 6 | SETTING TRIALS