Judge Howard M. Maltz
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Filings > 15 pages
- Ten Business Days Before Hearing
Legal Memorandum, Opposition
- Ten Business Days Before Hearing
Notice of Trial
Adjournments
- A motion to extend the time for service must be filed at least 10 days before the initial service period expires and explain why service was not completed and what attempts were made; the judge may grant up to an additional 90 days.
Communication
Chambers
Phone
Chambers
Page & Word Limits1 rule
Responses or memoranda in opposition to motions shall not exceed twenty (20) typewritten pages without leave of Court.
- Opposition
- Up to 20 pages
Exception
More pages with leave of court
Document Format Requirements3 rules
Do not send proposed orders in pdf format.
The proposed order must be an attachment to the email in Word format.
The joint set of instructions should be given to the Court on paper and electronically (e.g. flash drive, email, etc.) in Word format. Proposed verdict forms should be submitted the same way.
- Jury instructions
- Proposed verdict forms
Formatting
- •Submit in Word format
Document Filing Requirements27 rules
the motion must contain specific facts setting forth the reasons for the postponement
The motion and proposed order must specify within the body that the relief sought has been agreed to by all parties.
- Document
- Motion and proposed order
- Placement
- Body of the document
the motion must have supporting documentation attached (e.g. sales contract, loan modification information, etc.)
Unless there has been a complete failure to respond or object, a discovery motion must quote each disputed request and the full allegedly insufficient response or the objection and its grounds; attaching them alone is insufficient.
- Document
- Discovery motion
- Placement
- Body of the document
Court's wording
Unless there has been a complete failure to respond or object to written discovery requests, motions to compel discovery must include in the body of the motion in quotation, each interrogatory, deposition question, request for admission, or request for production to which the motion is addressed, followed by quotation, in full, of the answer or response which is asserted to be insufficient, or the objection and grounds stated by the opposing party. Merely attaching the request and alleged deficient response to the motion will not suffice.
The motion must set forth the reasons for withdrawal and the client’s last known address.
If the client does not consent to the withdrawal in writing, a hearing will need to be scheduled.
Motions to substitute counsel must comply with Fla. R. Gen. Prac. & Jud. Adm. 2.505 and contains the client’s written consent.
If a hearing is cancelled, a Notice of Cancellation must be filed
Emergency hearings must be requested by written motion, setting forth in the introductory or first paragraph the reasons why the matter is considered an ===== PAGE 4 ===== “emergency,” and the amount of time needed for a hearing on the motion
All notices of hearing must identify the hearing room or courtroom where the hearing will take place and shall not indicate the hearing is a remote hearing.
All notices of hearing must contain the ADA notification required by Fla. R. Gen Prac. and Jud. Admin. 2.540.
For a non-evidentiary hearing scheduled for less than one hour, the notice must include the specified Zoom-appearance language.
Court's wording
For non- evidentiary hearings scheduled for less than one hour, the notice shall additionally specify “parties and/or counsel may appear by Zoom in lieu of in-person appearance and must strictly adhere to the Zoom attendance guidelines.”
Prior to submitting the proposed order it must be presented to opposing counsel.
The email to the Court with the attached proposed order must indicate that the proposed order has been shown to opposing counsel for review and whether opposing counsel agrees to its content.
The subject line of the email must state “Proposed Order,” and include the case style and case number.
Replies by movants to a non-movant’s response in opposition to a motion for summary judgment are not permitted absent an order from the Court. Replies filed without Court authorization will not be considered.
If a specific trial term is agreed to by the parties, the Notice should so specify. The Notice of Trial must specify whether the trial is by jury or non-jury, and the expected length of the trial.
If a party seeks to have a witness testify via audio-video communication technology, a motion must be filed that complies with Rule 2.530, Fla. R. Gen. Prac. & Jud. Adm.
Before jury selection, counsel must confer and prepare one joint set of proposed jury instructions, identifying agreed and disputed instructions and citing their sources; plaintiff’s counsel prepares the set unless the plaintiff is unrepresented, in which case defense counsel does.
Court's wording
Prior to jury selection, counsel for all parties shall confer and generate one joint set of jury instructions for use at 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. Citations to the source of the instructions should be noted therein. Plaintiff’s counsel (unless Plaintiff is unrepresented, in which case defense counsel) is responsible for creating the joint set of proposed instructions.
Counsel/parties appearing by Zoom shall notify opposing counsel and the Court of their intention by filing a Notice of Intent to Appear via Zoom.
2. The Notice must specify the location of the hearings.
Please prepare a NOTICE OF HEARING and include the following: 1. Motion(s) to be heard and file date.
5. The amount of time reserved for the hearing.
4. For hearings in which Zoom attendance is permitted, counsel shall include the Zoom access information located below and on the Court’s webpage at www.circuit7.org.
A notice of hearing must not state that the hearing is by Zoom only.
Court's wording
3. The Notice shall not specify the hearing is by Zoom only, since in-person appearances are permitted at any hearing and required for all evidentiary hearings and hearings scheduled for one hour or longer.
Proposed orders following a hearing at which the judge did not announce a ruling shall only be submitted if the Court requested the parties to do so.
Parties seeking to set a case for trial do not need to schedule a hearing with the Court but should file a Notice of Trial that complies with Fla. R. Civ. P. 1.440.
Filing & Service rules
Electronic Filing Rules
The order must be submitted electronically under the procedures in paragraph 6.
The order must be submitted electronically utilizing the procedures set forth below in paragraph 6.
Civil cases
Page 1 | Orders on Unopposed Matters
Proposed orders must be emailed electronically to the Court at the stated address.
All proposed orders must be sent to the Court electronically by email at division55@circuit7.org.
Civil cases
Page 5 | Submission of Proposed Orders
Proposed orders must not be filed through the e-filing portal.
Proposed orders must not be filed through the e-filing portal.
Civil cases
Page 5 | Submission of Proposed Orders
Filing Timing and Cure Windows
Expert-witness motions or objections in Streamlined cases must be filed at least 45 days before the specified or projected trial period.
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
Expert-witness motions or objections in General cases must be filed at least 60 days before the scheduled or projected trial period.
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 pretrial motion filed within 30 days of trial will not be considered if it concerns 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
Pretrial motions other than dispositive and expert-witness motions 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
A motion to cancel or reschedule a foreclosure sale must be received by the Court at least five business days before the scheduled sale.
the written motion is received by the Court no less than five (5) business days before the scheduled sale date
Civil cases
Page 1 | Orders on Motions that may not require hearings
Summary judgment motions and responses must meet the deadlines in Fla. R. Civ. P. 1.510 and the Uniform Case Management Order; untimely filings will not be considered.
Motions for summary judgment, and responses thereto, shall strictly adhere to the time requirements in Fla. R. Civ. P. 1.510 and the Uniform Case Management Order. Motions and/or responses that do not adhere to the time specifications will not be considered.
Civil cases
Page 5 | Motions for Summary Judgment
When the judge announces a ruling at a hearing and directs a party to submit a proposed order, it must be submitted within ten days unless the judge directs otherwise.
Proposed orders following a hearing at which the judge announced a ruling and directed a party to submit a proposed order shall be submitted to the Court within ten (10) days of the hearing, unless the judge directed otherwise.
Civil cases
Page 5 | Submission of Proposed Orders
Parties must review the trial-setting order and Uniform Case Management Order and comply with their requirements and deadlines.
Parties shall carefully read the Court’s Order Setting Case for Trial and the Uniform Case Management Order to comply with the requirements and deadlines therein.
Civil cases
Page 5 | Setting Cases for Trial
Service and Proof of Service Rules
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
Plaintiffs must serve each defendant with initial process and the 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
Within 30 days after issuance, the plaintiff must serve the order on all other parties and file a notice of service with the Clerk.
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
A motion to cancel or reschedule a foreclosure sale must be served on all parties.
served on all parties
Civil cases
Page 1 | Orders on Motions that may not require hearings
Counsel seeking withdrawal must provide notice to all parties and the client.
Notice must be provided to all parties and their client.
Civil cases
Page 2 | Orders on Motions that may not require hearings
Executed orders are served by email to counsel of record and to unrepresented parties at their email addresses, which counsel must keep current.
Executed orders will be served upon counsel of record in the case at their designated email addresses; thus, it is imperative that all counsel keep their email addresses up to date. Unrepresented parties will receive the executed orders at their email address.
Civil cases
Page 5 | Submission of Proposed Orders
An unrepresented party excused from designating an email address receives orders by mail.
Unrepresented parties who have been excused from designating an email address will receive orders through the mail.
Civil cases
Page 5 | Submission of Proposed Orders
The certificate states that the document is served by an automatic email generated through the Florida Court E-Filing Portal.
I HEREBY CERTIFY that the foregoing document is being served on ______________ via an automatic email generated by the Florida Court E-Filing Portal to: [list counsel/parties]
Civil cases
Page 2 | CERTIFICATE OF SERVICE
Courtesy Copy Requirements
For a hearing motion exceeding 15 pages including attachments, the movant must submit a hard-copy chambers copy of the motion and attachments at least 10 business days before the hearing.
If the motion(s) scheduled for hearing exceed(s) 15 pages, including attachments, the movant shall submit a chambers copy, in hard copy, of the motion(s) and attachments to the Court, which must be received by the Court no later than ten (10) business days prior to the hearing.
Civil cases
Page 3 | Chambers Copies of Motions
If parties submit legal memoranda or responses in opposition to motions set for hearing, they must deliver a chambers copy to the judge at least 10 business days before the hearing, regardless of length.
If parties desire to submit legal memoranda, or responses in oppositions to motions upcoming for hearing, in addition to filing the memoranda or response, regardless of length a chambers copy must be delivered to the judge no later than ten (10) business days prior to the hearing.
Civil cases
Page 3 | Legal Memoranda
A copy of the Notice of Trial must be sent to the Judge’s chambers.
A copy of the Notice must be sent to the Judge’s chambers.
Civil cases
Page 5 | Setting Cases for Trial
Pre-Motion Conference Requirements
Counsel, not staff, must comply with the conferral requirements in Florida Rule of Civil Procedure 1.202.
Compliance by counsel (not staff) with the conferral requirements in Fla. R. Civ. P. 1.202 is required.
Civil cases
Page 3 | I. PRETRIAL MOTIONS
Failure to comply with conferral requirements may result in summary denial of a motion.
Failure to comply with conferral requirements may result in summary denial of motions.
Civil cases
Page 3 | I. PRETRIAL MOTIONS
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 explain why service was not completed and what attempts were made; the judge may grant up to an additional 90 days.
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. In its discretion, the presiding judge may grant the plaintiff(s) an additional ninety (90) days to serve any remaining defendant(s).
Civil cases
Page 1 | C. SERVICE OF PROCESS
The deadlines in the order will be strictly enforced unless the Court modifies them by order.
The deadlines specified herein will be strictly enforced unless modified by Court order.
Civil cases
Page 3 | K. EXTENSIONS/MODIFICATIONS OF DEADLINES
A motion to continue must comply with the cited rules; continuances are not a matter of right, are disfavored, and lack of trial-preparation diligence is not good cause.
A motion to continue must comply with the requirements in Rule 1.460, Fla. R. Civ. P. and Rule 2.545(e), Fla. R. Gen. Prac. & Jud. Adm. No continuance is granted as a matter of right and the parties should not assume that a continuance will be granted, even if all parties consent. Motions to continue trials are disfavored and rarely granted. Lack of due diligence in preparing for trial is not good cause to continue a trial.
Civil cases
Page 5 | Motions to Continue Trials
Lack of hearing time for a motion filed close to the deadline will generally not justify a trial continuance.
Because of busy court calendars, hearing time may not be available to consider motions filed close to the deadline. The inability of a party to obtain hearing time will generally not constitute grounds for a continuance of the trial.
Civil cases
Page 3 | I. PRETRIAL MOTIONS
The parties may submit an agreed order to extend disclosure or discovery deadlines, but other deadlines remain in place unless the Court orders otherwise.
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
Continuances of deadlines are strongly discouraged.
Continuances of deadlines are strongly discouraged.
Civil cases
Page 3 | K. EXTENSIONS/MODIFICATIONS OF DEADLINES
Chambers Communication Rules
Emails to the judicial office must copy all parties unless the communication is authorized ex parte by law.
All parties must be copied on any email directed to the judicial office, unless an ex parte communication is authorized by law.
Civil cases
Page 1 | Communication with the Court
An emergency-hearing request must be delivered to the judge’s chambers.
The request must be delivered to the Judge’s chambers.
Civil cases
Page 4 | Emergency Motions
Counsel must notify the judicial assistant if a case set for trial settles.
If a case set for trial settles, counsel must notify the judicial assistant.
Civil cases
Page 6 | Settlements
The judicial assistant may not provide legal advice.
The judicial assistant is not permitted to provide legal advice.
Civil cases
Page 1 | Communication with the Court
Do not copy the judicial assistant on party-to-party emails that do not request action from the judicial office.
Do not include the judicial assistant in emails between parties that do not request action from the judicial office.
Civil cases
Page 1 | Communication with the Court
Questions about the stated requirements may be directed to the judicial assistant by email or phone, with email preferred.
If you have questions regarding the requirements set forth herein, please contact the judicial assistant for the division at smiller@circuit7.org or (904) 827-5600. Email communication is preferred.
Civil cases
Page 1 | Communication with the Court
Inquiries are typically answered in the order received, as expeditiously as reasonably possible.
Your inquiry will typically be responded to in the order it was received, as expeditiously as reasonably possible.
Civil cases
Page 1 | Communication with the Court